Booker, Merkley propose federal facial recognition moratorium

Booker, Merkley propose federal facial recognition moratorium
© iStock

Two Democratic senators on Wednesday introduced a bill that would place a moratorium on federal government use of facial recognition technology until Congress passes legislation regulating it.

The Ethical Use of Facial Recognition Act, proposed by Democratic Sens. Cory BookerCory BookerDOJ announces agencywide limits on chokeholds and no-knock entries Fighting poverty, the Biden way Top Senate Democrats urge Biden to take immediate action on home confinement program MORE (N.J.) and Jeff MerkleyJeff MerkleyDemocrats revive filibuster fight over voting rights bill Senate backers of new voting rights bill push for swift passage Stacey Abrams backs Senate Democrats' voting rights compromise MORE (Ore.), would also prohibit state and local governments from using federal funds for the controversial technology, which scans faces for the purpose of identification.

It would create a commission tasked with providing recommendations to Congress for future federal government use of facial recognition 18 months after the bill's passage.

ADVERTISEMENT

“Facial recognition is a powerful and rapidly evolving technology, but without proper oversight it poses a serious risk to privacy and safety,” Booker said in a statement. 

“Facial recognition technology has been demonstrated to be often inaccurate — misidentifying and disproportionately targeting women and people of color. To protect consumer privacy and safety, Congress must work to set the rules of the road for responsible uses of this technology by the federal government.”

The legislation includes exceptions for use of facial recognition technology by law enforcement with court warrants.

Facial recognition technology has received increasing scrutiny from lawmakers and critics as its use in the United States has grown.

Civil rights groups have panned the technology as unwarranted surveillance, while multiple studies have found that it tends to misidentify women and people of color at comparatively higher rates than men and white people.

ADVERTISEMENT

The National Institute of Standards and Technology (NIST), a federal agency within the Department of Commerce, released an expansive study in December finding that the majority of facial recognition systems have “demographic differentials” that can worsen their accuracy based on a person’s age, gender or race.

Despite rising, bipartisan criticism of facial recognition, there is no federal law specifying when, how or where facial recognition technology can be used.

Several bills have been introduced on the issue, but none have advanced through Congress.

Sens. Brian SchatzBrian Emanuel SchatzHotel workers need a lifeline; It's time to pass The Save Hotel Jobs Act Equilibrium/Sustainability — Presented by The American Petroleum Institute — Scientists potty train cows to cut pollution Conservation group says it will only endorse Democrats who support .5T spending plan MORE (D-Hawaii) and Roy BluntRoy Dean BluntGOP hopes spending traps derail Biden agenda A tale of two chambers: Trump's power holds in House, wanes in Senate The Hill's Morning Report - Presented by AT&T - Senate passes infrastructure bill, budget resolution; Cuomo resigns MORE (R-Mo.) introduced legislation early last year that would require companies to gain people's consent before using facial recognition technology in public places and before sharing any of their data with third parties.

Sens. Christopher CoonsChris Andrew CoonsBiden threatens more sanctions on Ethiopia, Eritrea over Tigray conflict Senate Democrats to Garland: 'It's time to end the federal death penalty' Hillicon Valley: Cryptocurrency amendment blocked in Senate | Dems press Facebook over suspension of researchers' accounts | Thousands push back against Apple plan to scan US iPhones for child sexual abuse images MORE (D-Del.) and Mike LeeMichael (Mike) Shumway LeeEconomy adds just 235K jobs in August as delta hammers growth Lawmakers flooded with calls for help on Afghanistan exit Afghanistan fiasco proves we didn't leave soon enough MORE (R-Utah) more recently introduced a bill requiring law enforcement obtain court orders to use facial recognition software for extended surveillance. Civil rights groups have been critical of carveouts in the legislation, specifically one which allows for "exigent circumstances" where a court order would not be needed to make use of the technology.

When asked Wednesday about a federal moratorium, Coons told reporters that it is "certainly a strong approach and certainly a forceful approach."

"My concern would be that there are legitimate uses of facial recognition by federal law enforcement for national security purposes that would be stopped by that, if enacted," he continued.

"For me personally, I felt like an immediate total ban until Congress acts might end up being a ban for a long time," he said.

Booker and Merkley may find allies for their new bill in the House.

In a House Oversight and Reform Committee hearing on facial recognition earlier this month, lawmakers on both sides of the aisle suggested some version of a freeze on the technology.

“It really is not ready for primetime — it can be used in positive ways … but also severely impacts the civil liberties and rights of individuals," Committee Chairwoman Carolyn MaloneyCarolyn MaloneyOvernight Defense & National Security: US-Australian sub deal causes rift with France Overnight Energy & Environment — Presented by Climate Power — Emissions heading toward pre-pandemic levels Oversight Republicans seek testimony from Afghanistan watchdog MORE (D-N.Y.) said at the hearing.

"While we're trying to figure out ... what's all happening, let's just not expand it," ranking member Rep. Jim JordanJames (Jim) Daniel JordanAllies see rising prospect of Trump 2024 White House bid Republican leaders misjudged Jan. 6 committee Watchdog group seeks ethics probe over McCarthy's Jan. 6 comments MORE (R-Ohio) told reporters after the hearing, adding that legislation was being drafted to gather information on the use of facial recognition and pause the practice while doing so.

However, House Homeland Security Committee Chairman Bennie ThompsonBennie Gordon ThompsonJan. 6 committee taps former Bush administration official as top lawyer Overnight Defense & National Security: US-Australian sub deal causes rift with France Jan. 6 panel says it is reviewing Milley actions MORE (D-Miss.) last week voiced concerns about a federal moratorium, saying that ensuring the technology is accurate is more important concern.

Additionally, Jordan is set to leave his role on the Oversight Committee in the next month, which could set bipartisan negotiations back.