“It’s a very powerful thing for the government to do.”
U.S. Customs and Border Protection plans to implement facial recognition technology as part of its Biometric Entry-Exit program in all international airports by 2025. While the technology is getting ready to roll-out on a large scale, regulations and laws have yet to catch up.
“We have this sort of collision between what our existing legal standards are and the expanding capabilities of technology,” Turley explained. “There is a glaring gap in federal law and dealing with this type of technology. It doesn’t easily fit existing doctrine.” However, Jeramie Scott, Electronic Privacy Information Center senior counsel and director, EPIC Domestic Surveillance Project, told Newsweek the law applied to non-U.S. citizens and referred to biometrics, not specifically facial recognition.
In layman’s terms, facial recognition technology compares a photograph that was just taken, in this case before exiting an airport, to an existing image, such as a photograph from a passport or visa. While U.S. citizens can opt-out of having their photograph taken at the airport, Scott said there’s no way to opt out from having their picture added to the gallery used to compare images.
Turley agreed that regulations on the “fixed reality” of the technology were necessary, calling ignoring it a dangerous plan. With restrictions being pertinent, he urged Congress to create a Title III for facial recognition technology, which would establish rules.
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