REPS. VEASEY, LIEU, JACKSON LEE, CLARKE, GOMEZ, AND IVEY INTRODUCE BILL TO REGULATE LAW ENFORCEMENT’S USE OF FACIAL RECOGNITION TECHNOLOGY

WASHINGTON – Congressman Marc Veasey (D-TX), Congressman Ted W. Lieu (D-Los Angeles County), Judiciary Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX), Congresswoman Yvette D. Clarke (D-NY), Congressman Jimmy Gomez (D-CA), and Congressman Glenn Ivey (D-MD) recently introduced the Facial Recognition Act, a bill to place strong limits on law enforcement use of Facial Recognition Technology (FRT). FRT is a powerful surveillance tool used by law enforcement agencies to fight crime, but a lack of transparency and reasonable limits on its use threatens Americans’ civil liberties.

Law enforcement has deployed the invasive and sometimes flawed technology to identify peaceful protesters, investigate minor crimes, and arrest people based solely on a single FRT match. The technology’s algorithms suffer from discriminatory bias and as a result, individuals have been misidentified through the use of FRT, especially people of color.

The Members’ legislation places strong limits on law enforcement use of FRT, provides transparency, and requires annual assessments and reporting on the deployment of the technology to protect individuals’ rights. Specifically, the bill requires that a warrant be obtained that shows probable cause an individual committed a serious violent felony before FRT is deployed.

“Far too many communities of color are disproportionately affected by facial recognition and other surveillance technologies. Without a federal privacy standard, it is critical that we hold law enforcement agencies utilizing this advanced technology accountable. And ensure that these technologies are cleared of racially charged biases to the greatest extent possible. That is why I am proud to join Congressman Lieu in reintroducing the Facial Recognition Act,” said Congressman Veasey. “In order to tackle these challenges, we must step up to protect all of our communities from faulty algorithms that unfairly or inaccurately profile certain citizens in our community.”

“I’m pleased to work with Ranking Member Jackson Lee and Representatives Clarke, Gomez, Ivey and Veasey to re-introduce this bill to rein in law enforcement’s use of facial recognition technology,” said Congressman Lieu. “Our bill puts forth sensible guardrails that will protect the privacy of Americans against a flawed, unregulated and at-times discriminatory technology. I’m glad our approach has received broad support from civil liberties groups and former law enforcement officers.”

“This legislation is a critical step in forging a way towards the protection of civil liberties through transparency, restraint, and accountability in the use of this technology that is growing at an explosive rate," said Congresswoman Jackson Lee. "I am pleased to join Representatives Ted Lieu, Yvette Clarke, Jimmy Gomez, Glenn Ivey, and Marc Veasey in re-introducing the Facial Recognition Act. Facial recognition technology offers both great promise and peril, and if unrestrained, can be misused as a tool of invasive, intrusive surveillance that enacts racial profiling, infringes on personal privacy, and persecutes people exercising their Constitutionally protected rights. By establishing safeguards on when and how this technology can be used by law enforcement, and establishing requirements for transparency and accountability when the technology is used, our legislation will provide the framework for use of this tool in a way that harnesses its power while protecting people from harms that could result from its limitations and flaws." 

“There’s no doubt that facial recognition technology is known to have flaws, and its ability to misidentify women and people of color can have real-world consequences,” said Congresswoman Clarke. “I sincerely appreciate my colleagues for this critical legislation. It’s far past time we work to ensure our technologies of the future work for everyone and not just the few.”

“Biases in facial recognition technology exist and they cannot go unchecked—that’s why the Facial Recognition Act is crucial for our future and our safety,” said Congressman Gomez. “Back in 2019, FRT falsely identified me and 27 of my colleagues as people who had been arrested for crimes. This technology is being used every day, with mixed results, in neighborhoods across the country and any false readout can be deadly, especially for communities of color. The Facial Recognition Act works to put safeguards on the use of FRT to protect people and their civil liberties, and I’m proud to reintroduce it with my colleagues today.”

“As a former federal prosecutor and elected state’s attorney, I understand the usefulness of gathering evidence for criminal cases but only if it is gathered lawfully and under adherence to the protections of the constitution,” said Congressman Ivey. “In fact, as a defense attorney, I was able to defend a client’s right to protest in Lafayette Square during the mass arrests in Washington DC a couple of years ago where Facial Recognition Technology was used to apprehend and charge individuals.  So, I know both sides of the coin.  I support Congressman Ted Lieu’s bill and urge my colleagues to help pass this into law to ensure inherent biases and abuses are prevented from being readily employed while using advancing technologies.”