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SMU Law Review Forum

SMU Law Review Forum

Abstract

Facial recognition technology enables the identification of subjects in digital recordings through the use of biometrics. This technology is increasingly used by both state and private actors for crime prevention, criminal investigations, crowd monitoring, and more. Its use continues despite the fact that the technology itself has been shown to have a propensity for bias and misidentification. The flaws inherent in the technology are not the only cause for concern either. There is reason to believe that nefarious actors could intentionally use facial recognition technology to achieve illegitimate ends. Meanwhile, facial recognition technology remains unregulated at the federal level in the United States. This essay calls on Congress to take measures to change that. The legislature must pass a law that puts guardrails in place for facial recognition technology. In doing so, Congress can ensure that facial recognition technology is used in an ethically sound manner.

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Digital Object Identifier (DOI)

https://doi.org/10.25172/slrf.77.1.10