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Booker, Merkley propose federal facial recognition moratorium

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 Sens. Cory BookerCory Anthony BookerAndrew Yang ends presidential bid Manhattan DA’s office to review Malcolm X assassination after Netflix documentary CBS News chief condemns ‘reprehensible’ threats made against Gayle King MORE (N.J.) and Jeff MerkleyJeffrey (Jeff) Alan MerkleySenators push for new rules now that Trump impeachment battle is over Democratic senators ask banks to prohibit funding Arctic drilling Senate rejects impeachment witnesses, setting up Trump acquittal 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.

“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.

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 SchatzPoll: Majority of Democrats say Electoral College delegates should cast ballots based on popular vote Democrats praise Romney for breaking with GOP on convicting Trump Democratic senators ask banks to prohibit funding Arctic drilling MORE (D-Hawaii) and Roy BluntRoy Dean BluntGOP senators defend Sondland, Vindman ousters: They weren’t ‘loyal’ McConnell displays mastery of Senate with impeachment victory Senators push for new rules now that Trump impeachment battle is over MORE (R-Mo.) introduced legislation early last year that would require companies to gain peoples’ consent before using facial recognition technology in public places and before sharing any of their data with third parties.

Sens. Christopher CoonsChristopher (Chris) Andrew CoonsMcConnell displays mastery of Senate with impeachment victory Senate drama surrounding Trump trial starts to fizzle Saudi regime’s brazen disregard for human rights a pattern that must be stopped MORE (D-Del.) and Mike LeeMichael (Mike) Shumway LeeOvernight Defense: Trump says military may consider disciplining Vindman | Dems pick up another Republican for Iran war measure | Watchdog says over 2,000 people killed rebuilding Afghanistan Dems pick up new GOP support to rein in Trump’s Iran war powers McConnell urges opposition to effort to constrain Trump’s Iran war powers 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.”

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 Bosher MaloneyHouse panel approves bill to grant DC statehood House passes bipartisan bill to create women’s history museum Democrats bullish on bill to create women’s history museum: ‘It’s an election year’ 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 JordanConservative lawmakers warn Pelosi about ‘rate-setting’ surprise billing fix House panel approves bill to grant DC statehood The Hill’s Morning Report — Trump basks in acquittal; Dems eye recanvass in Iowa 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 ThompsonHillicon Valley: Judge approves T-Mobile, Sprint merger | FTC to review past Big Tech deals | State officials ask for more cybersecurity help | House nears draft bill on self-driving cars State officials press Congress for more resources to fight cyberattacks Bipartisan lawmakers introduce bill to combat cyberattacks on state and local governments 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.

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