(Mis)identified: The Challenges of Identifying and Litigating Facial Recognition Technology in Criminal Cases
Police departments, federal agencies, and technology companies across the country are seeing revived scrutiny of facial recognition technology, which is capable of identifying people, sometimes without their knowledge or consent. Research has repeatedly demonstrated that some facial recognition systems perform differently depending on race and gender, and the use of such technology is not always disclosed to the defense when used to identify a suspect in a criminal case. How can defense lawyers identify a facial recognition case, and why is facial recognition technology so difficult to challenge in court?
The program from July 23, 2020 featured Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, Phil Mayor, Senior Staff Attorney with the ACLU of Michigan, and Dr. Arun Ross, the John and Eva Cillag Endowed Chair in the College of Engineering and a Professor in the Department of Computer Science and Engineering at Michigan State University.
Presentation Slides
Presentation Slides from Clare Garvie
Georgetown Law's Center on Privacy & Technology
Presentation Slides from Arun Ross
Michigan State University
Supplemental Materials
- Brief summary of face recognition use by police and a facial recognition discovery "wish list"
Clare Garvie
- Affidavit submitted in a case in Massachusetts that outlines Due Process / Brady concerns
Clare Garvie
- Amicus filed in Willie Allen Lynch v. State of Florida (2019)
ACLU, ACLU of Florida, EFF, Georgetown Law's Center on Privacy & Technology, and Innocence Project
- Sample Motion to Suppress
Kaitlin Jackson (Bronx Defenders)
- "ACLU of Michigan Complaint Re Use of Facial Recognition"
Phil Mayor
- "Bridging the Gap: From Biometrics to Forensics" (2015)
Anil Jain and Arun Ross
Philosophical Transactions of The Royal Society B, Vol. 370, Issue 1674
- "50 Years of Biometric Research: Accomplishments, Challenges, and Opportunities" (2016)
Anil Jain, Karthik Nandakumar, Arun Ross
Pattern Recognition Letters, Vol. 79, pp. 80 - 105
- “Some Research Problems in Biometrics: The Future Beckons” (2019)
Arun Ross, Sudipta Banerjee, Cunjian Chen, Anurag Chowdhury, Vahid Mirjalili, Renu Sharma, Thomas Swearingen, Shivangi Yadav
Proc. of 12th IAPR International Conference on Biometrics (ICB), (Crete, Greece)
- "Guidelines for Best Practices in Biometrics Research" (2015)
Anil Jain, Brendan Klare, Arun Ross
Proc. of 8th IAPR International Conference on Biometrics (ICB), (Phuket, Thailand)
