law enforcement

Should Police Facial Recognition Be Banned?

San Francisco is set to become the first city in the U.S. to ban police officers and other government officials from using facial recognition technology. Concerns about police using facial recognition are well-founded. Absent strong restrictions, police use of facial recognition poses a significant threat to our privacy and could hamper First Amendment-protected protests and other legal activities. Amid such concerns, it makes sense to keep the technology away from law enforcement until adequate policies have been implemented. While San Francisco officials ponder a ban we should consider if there are policies that could allow for police to use facial recognition without putting our civil liberties at risk or if the potential for abuse is so great that it warrants a ban.  

“Facial recognition” is a term that applies to a wide range of systems used to confirm identity via automated image analysis. While these systems have been much-discussed recently, facial recognition has been around for decades. Much of the recent focus on facial recognition is a function of its improved accuracy and proliferation. 

All over the world private businesses, law enforcement agencies, and national governments are using facial recognition systems. At its best, facial recognition can help improve security at banks and schools, help the blind, and make payments easier. But at its worst it’s an ideal tool for ubiquitous and persistent surveillance. In China, authorities use facial recognition to conduct surveillance and shame jaywalkers. This technology is a crucial part of one of the most extensive, intrusive, and oppressive surveillance apparatus in history, which the Chinese state uses to target the Uyghur Muslim minority in the western Xinjiang province. While there are many differences between the U.S. and China, we should keep in mind that when it comes to the degree of surveillance the differences between China and the U.S. are legal and regulatory rather than technological.  

American citizens and residents may enjoy more civil liberties protections than people living in China, but we should nonetheless be concerned about domestic law enforcement use of surveillance technology. After all, law enforcement agencies are already using facial recognition technology, and manufacturers have expressed interest in improving the technology in ways that could put civil liberties at risk.  

According to Grand View Research, we should expect law enforcement to spend more on facial recognition. In 2018, the size of the government “facial biometrics” market was $136.9 million and is expected to be $375 million in 2025.  

The scale of law enforcement’s current use of facial recognition is larger than many realize. According to Georgetown’s Center on Privacy and Technology half of American adults are already in a law enforcement facial recognition network, and at least 26 states allow law enforcement to conduct facial recognition searches against driver’s license and other ID photo databases.  

Police Executive Order Invites Overfederalization

Yesterday, President Trump signed three executive orders to focus federal resources on fighting drug cartels, increasing overall public safety, and preventing violence against law enforcement officers.

Perhaps the most worrisome of these is the directive to “pursue appropriate legislation…that will define new Federal crimes, and increase penalties for existing Federal crimes, in order to prevent violence against Federal, State, tribal, and local law enforcement officers.”

While law enforcement officer safety is important, there is no evidence that local or state officials have been reluctant to capture and punish those who commit violence against police. Moreover, there is little empirical evidence that more punitive sentences deter crime generally.

Twenty Years after Whren: A Crisis of Police Legitimacy

Today marks the 20th anniversary of the Supreme Court decision in Whren v. United States. The case clarified the constitutionality of the practice of “pretextual” traffic stops. The Court ruled that so long as an officer can articulate that a driver violated some traffic law, the officer may stop a motorist in order to investigate potential and wholly unrelated criminal activity. The case has effectively become a blueprint for police officers to racially profile drivers without repercussion.

Ricin Suspect Used His Home to Elude Police

An interesting report from the Washington Post:

Dutschke went into hiding on Thursday to escape the media attention. The FBI and local law enforcement officials spent five hours hunting for him before his attorney revealed her client’s location.

Evidently, the attorney directed the police to her client’s home address.

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