The question of whether you own your own face may not be as clear as you might think. Companies are already buying and selling information worldwide based on facial recognition technology. In January of this year I proposed that the United States adopt a constitutional amendment which would give each person ownership of his or her information including facial likenesses and any other biometric data. Now, some U.S. senators think that those gathering your likeness into their databases should have your permission first to do so.
Those senators are not alone. In September Portland, Oregon passed a sweeping ban on facial recognition technology for both government and businesses. San Francisco, Boston and Oakland have passed bans as well, but only for governmental agencies.
Those supporting such bans have cited racial and gender biases built into the algorithms controlling the technology as a central reason for the ban. Beyond this, a California legislator who led the fight to ban such technology for use in conjunction with police body cameras—including passing recordings through facial recognition software later—found out something even more disturbing. The technology which depends on a variety of algorithms is woefully inaccurate. The legislator and 25 of his colleagues were misidentified as persons listed in a law enforcement database as having criminal records.
There are those who would say, “If you aren’t doing anything wrong, then you don’t have anything to worry about.” There are three problems with this statement. First, there are so many laws—traffic laws, sanitation laws such as laws against spitting in public, seatbelt laws, ordinances about conduct in public places including parks—that all of us are bound to violate some law at some time everyday.
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