Face recognition technology (FRT), in the context of law enforcement, is a complex investigative technique that includes a delicate interplay between machine and human. Compared to other biometric and investigative tools, it poses unique risks to privacy, civil rights, and civil liberties. At the same time, its use is generally unregulated and opaque. Recently, state lawmakers have introduced legislation to regulate face recognition technology, but this legislation often fails to account for the complexities of the technology, or to address the unique risks it poses. Using Virginia’s recently passed face recognition law and the legislative history behind it as an example, we show how legislation can fail to properly account for the harms of this technology.
Alison Powers, Korica Simon & Jameson Spivack,
From Ban to Approval: What Virginia's Facial Recognition Technology Law Gets Wrong,
Rich. Pub. Int. L. Rev.
Available at: https://scholarship.richmond.edu/pilr/vol26/iss1/8