Merkley, Wyden Introduce Legislation To Ban Government Use of Facial Recognition, Other Biometric Technology Washington D.C. | Wednesday, June 16, 2021 | Press Release O regon’s U.S. Senator Jeff Merkley led a group of eight lawmakers—including U.S. Senator Ron Wyden (D-OR)—this week in introducing bicameral legislation to end government use of biometric technology such as facial recognition tools. The Facial Recognition and Biometric Technology Moratorium Act responds to reports that hundreds of local, state, and federal entities, including law enforcement agencies, have used unregulated facial recognition technologies and research showing that roughly half of U.S. adults are already in facial recognition databases. “It’s disturbing that our government and law enforcement are continuing to use facial recognition technology, despite the fact that its use has resulted in reports of discriminatory outcomes that has ripped innocent people away from their lives and locked them up in jail,” said Merkley. “This trend should concern every American who stands against discrimination, values their right to privacy, and believes people are innocent until proven guilty. That’s why we’re pushing to put in place a federal moratorium on this technology until it’s ready for primetime—meaning critical safeguards are established to ensure that the technology does not further perpetuate systemic racism, and that Americans will be protected from inappropriate surveillance.” “Facial recognition technology has been plagued with far too many problems for any government to use it responsibly,” Wyden said. “This technology has been misused against peaceful protestors, sent innocent people to jail and has proven to misidentify Black Americans and people with dark skin at elevated rates. I am proud to join
wrongfully arrested based on a false facial recognition match, and earlier this month, more than 40 leading civil rights and privacy groups called for a moratorium on law enforcement entities’ use of this technology. A copy of the legislation be found HERE. The Facial Recognition and Biometric Technology Moratorium Act would: • Place a prohibition on the use of facial recognition technology by federal entities, which can only be lifted with an act of Congress; • Place a prohibition on the use of other biometric technologies, including voice recognition, gate recognition, and recognition of other immutable physical characteristics, by federal entities, which can only be lifted with an act of Congress; • Condition federal grant funding to state and local entities, including law enforcement, on those entities enacting their own moratoria on the use of facial recognition and biometric technology; • Prohibit the use of federal dollars for biometric surveillance systems; • Prohibit the use of information collected via biometric technology in violation of the Act in any judicial proceedings; • Provide a private right of action for individuals whose biometric data is used in violation of the Act and allow for enforcement by state Attorneys General; and • Allow states and localities to enact their own laws regarding the use of facial recognition and biometric technologies. “The perils of face recognition technology are not hypothetical — study after study and real life have already shown us its dangers. The technology’s alarming rate of inaccuracy when used against people of color has led
to the wrongful arrests of multiple Black men including Robert Williams, an ACLU client. Giving law enforcement ever more powerful surveillance technology empowers constant surveillance, harms racial equity and is not the answer,” Kate
Senators Markey and Merkley in introducing legislation to put facial recognition tech on ice until there is proof it can be used effectively and safely.” As this technology continues to proliferate, experts have found that facial recognition tools are significantly less
Legislation stops federal entities’ use of facial recognition tools and effectively strips federal support for state and local law enforcement entities that use biometric technology
Ruane, senior legislative counsel at the American Civil Liberties Union, said. “It’s past time to take action, and the Facial Recognition and Biometric Moratorium Act of 2021 is an important step to halt government use of face recognition technology.”
accurate when analyzing biometric data from vulnerable and marginalized populations. For example, an analysis of facial recognition tools by the National Institute of Standards and Technology found that Black, Brown, and Asian individuals were up to 100 times more likely to be misidentified than white male faces. Three Black men have already been
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July 2021 | The Business Review
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