Over the last several years, EFF has continually voiced concerns over the First and Fourth Amendment implications of government use of face surveillance. These concerns are exacerbated by research conducted by MIT’s Media Lab regarding the technology’s high error rates for women and people of color. However, even if manufacturers are successful in addressing the technology’s substantially higher error rates for already marginalized communities, government use of face recognition technology will still threaten safety and privacy, chill free speech, and amplify historical and ongoing discrimination in our criminal justice system. Berkeley’s ban on face recognition is an important step toward curtailing the government’s use of biometric surveillance. Congratulations to the community that stood up in opposition to this invasive and flawed technology and to the city council members who listened.
On the same day that Oakland’s City Council voted to ban government use of the technology, the House of Representatives passed a bipartisan amendment to the Intelligence Authorization Act (H.R. 3494) that would require the Director of National Intelligence to report on the use of face surveillance by intelligence agencies.