Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Microsoft Calls for Facial Recognition Laws – NOW!

December 12, 2018

ZDNet recently reported that Microsoft president Brad Smith has called on governments around the world to immediately start work on adopting laws to regulate facial-recognition technology.

He believes that tech companies are faced with a "commercial race to the bottom", which should have a "floor of responsibility" that allows competition but outlaws the use of facial recognition in ways that harm democratic freedom or enable discrimination.

The call to action comes as China increasingly adopts facial recognition to monitor public spaces. Analysts estimate China's 200 million surveillance cameras will grow to 300 million in the next two years as tech companies beef up surveillance offerings.

Privacy rights advocates are also worried about plans by the US Secret Service to trial facial-recognition surveillance around the White House, which will help it track people of interest.

Microsoft's Smith first outlined how government should regulate facial recognition after being criticized for its work with US Immigration and Customs Enforcement (ICE). It was recently revealed that Amazon pitched its Rekognition software to ICE, which would give a serious boost to its abilities to detect undocumented immigrants at places like medical centers.

Smith worries that unchecked facial recognition will increase the risk of biased decisions and outcomes, and may invade people's privacy, while its use for mass surveillance could harm democratic freedoms.

He argues that facial-recognition laws should require tech companies to provide transparent documentation that explains the capabilities and limitations of their facial-recognition tech. He believes laws should also require providers of facial-recognition services to undergo third-party testing to check for accuracy and unfair bias.

Other areas he wants covered include clearly notifying consumers where facial recognition is in use, and require consumers to give consent to the use of facial recognition when entering premises. Microsoft also wants constraints on law enforcement use of facial recognition when monitoring people of interest in public places. Smith argues this tactic should only be allowed with a court order, or in emergency, such as the risk of death or serious injury to a person.

I agree with all of this. We need to act before the "race to the bottom" is completed.

Hat tip to Kim Haught.

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