Civil Rights Commission Pans Face Recognition Technology

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In its recent report, Civil Rights Implications of Face Recognition Technology (FRT), the U.S. Commission on Civil Rights identified serious problems with the federal government’s use of face recognition technology, and in doing so recognized EFF’s expertise on this issue. The Commission focused its investigation on the Department of Justice (DOJ), the Department of Homeland Security (DHS), and the Department of Housing and Urban Development (HUD).

According to the report, the DOJ primarily uses FRT within the Federal Bureau of Investigation and U.S. Marshals Service to generate leads in criminal investigations. DHS uses it in cross-border criminal investigations and to identify travelers. And HUD implements FRT with surveillance cameras in some federally funded public housing. The report explores how federal training on FRT use in these departments is inadequate, identifies threats that FRT poses to civil rights, and proposes ways to mitigate those threats.

EFF supports a ban on government use of FRT and strict regulation of private use. In April of this year, we submitted comments to the Commission to voice these views. The Commission’s report quotes our comments explaining how FRT works, including the steps by which FRT uses a probe photo (the photo of the face that will be identified) to run an algorithmic search that matches the face within the probe photo to those in the comparison data set. Although EFF aims to promote a broader understanding of the technology behind FRT, our main purpose in submitting the comments was to sound the alarm about the many dangers the technology poses.

These disparities in accuracy are due in par

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