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Law enforcement agencies use facial recognition technology (FRT) to assist in identifying unknown people—suspects, victims, witnesses, and others—captured on video or in photos. It has become a widespread investigative tool, despite issues with reliability and inconsistencies in how it is used by law enforcement. The below document explains the technology in more detail and walks through some potential arguments for attorneys challenging facial recognition evidence in their cases. If you are looking for more information, or assistance with FRT in a case, contact us at 4ac@nacdl.org.
With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases.
Attached is the testimony of Clare Garvie, Fourth Amendment Center Training and Resource Counsel, for the U.S. Commission on Human Rights' hearing on Civil Rights Implications of the Federal Use of Facial Recognition Technology. Her testimony highlights how the use of facial recognition technology in the criminal legal system intersects with the Commission’s mandate to inform civil rights policy, enhance enforcement of federal civil rights laws, and investigate discrimination in the administration of justice.
Below are NACDL's comments on Executive Order 14074 on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety. The policing technologies at issue in the Executive Order create serious harms for individual criminal defendants, their lawyers, and the criminal legal system more broadly. In this comment, NACDL aims to highlight the serious dangers that these technologies pose and propose recommendations for mitigating those dangers.
Subject matter experts and litigators from NACDL’s Fourth Amendment Center explain and discuss some of the important digital technology issues that defense counsel will very likely encounter in these cases. The faculty focus on reverse searches, facial recognition, and device searches.
Police officers often rely on facial recognition searches as the primary piece of evidence tying a defendant to a crime, and thus defendants should be permitted to challenge the facial recognition search process. The limited case law on the discoverability, reliability, or admissibility of facial recognition is inconsistent at best. Based on the risk of misidentification, Clare Garvie suggests several steps defense counsel should consider pursuing in facial recognition cases.
NACDL's 19th Annual State Criminal Justice Network Conference August 17-19, 2020 | Held Virtually When Robocop Becomes Reality: Confronting Technology in the Criminal Justice System
NACDL opposes the use of facial recognition technology by law enforcement.
NACDL continues to oppose the use of face surveillance in California.
NACDL is working with partners to oppose efforts to expand the use of facial recognition technology in Virginia.
Coalition letter to the Virginia House of Delegates and the Virginia Senate regarding proposed legislation to allow law enforcement to use facial recognition technology for criminal investigations.
Brief of Amici Curiae Electronic Privacy Information Center, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers in support of Defendant-Appellant.
NACDL has engaged in legislative advocacy to stop the use of face surveillance technology in Massachusetts.
We write today to urge the Department of Justice (DOJ) to quickly complete an updated Privacy Impact Assessment (PIA) for the Federal Bureau of Investigation’s Next Generation Identification System (NGI) as part of a broader effort to examine the goals and impact of NGI. The previous PIA on NGI’s face recognition component dates back to 2008. Since that time the program has undergone a radical transformation—one that raises serious privacy and civil liberties concerns.
Fact sheet on California SB 1038, which would preserve existing civil rights protections against the use of biometric surveillance by law enforcement on officer-worn body cameras.