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Facial Recognition

With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases.


Sample Materials

  • Facial Recognition Primer

  • Advisory: Defense Use of Facial Recognition

  • Motion to Suppress Identification Testimony 

  • Facial Recognition Discovery "Wish List"  

  • Affidavit Outlining Due Process and Brady Concerns

  • ACLU, ACLU Florida, EFF, Georgetown Law's Center on Privacy and Technology, and Innocence Project's Amicus in Willie Allen Lynch v. State of Florida (2019)  


Resources

 

 

 

 


Video Trainings

The Challenges of Identifying and Litigating Facial Recognition Technology in Criminal Cases

The program from July 23, 2020 featured Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, Phil Mayor, Senior Staff Attorney with the ACLU of Michigan, and Dr. Arun Ross, the John and Eva Cillag Endowed Chair in the College of Engineering and a Professor in the Department of Computer Science and Engineering at Michigan State University.

Recognizing and Challenging Facial Recognition in Criminal Cases

The webinar from November 29-30, 2018 featured Kaitlin Jackson, Supervising Attorney, CDP with the Bronx Defenders, Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, and Joshua Kroll, an Assistant Professor of Computer Science at the Naval Postgraduate School in Monterey, CA.

Biometrics Beyond Facial Recognition 

This program from November 29-30, 2018 featured Jennifer Lynch, Surveillance Litigation Director with the Electronic Frontier Foundation.

Face-Off: Recognizing and Challenging Facial Recognition in Criminal Cases

The webinar from September 18, 2018 featured Kaitlin Jackson, Supervising Attorney, CDP with the Bronx Defenders, Clare Garvie, Senior Associate with the Center on Privacy & Technology at Georgetown Law, and Joshua Kroll, an Assistant Professor of Computer Science at the Naval Postgraduate School in Monterey, CA.


Florida Face Analysis Comparison & Examination System (FACES)

 

  • What's Driving the Need for Facial Recognition?
    Florida’s Facial Recognition Network
    Hosted by Pinellas County Sheriff’s Office
     
  • Advances in Facial Recognition Inter-agency Collaboration
    Florida’s Facial Recognition Network
    Hosted by Pinellas County Sheriff’s Office

Other Resources

  • New Jersey v. Arteaga Appellate Decision Entitles Defense to Face Recognition Information
     
  • Gender Shades: Intersectional Accuracy Disparities in Commercial Gender Classification
    Joy Buolamwini and Timnit Gebru
  • Garbage In, Garbage Out: Face Recognition on Flawed Data
    Clare Garvie
     
  • Cities Asked Ring to Share ‘Registry Lists’ of Customers Who Bought Surveillance Cameras
    Caroline Haskins
     
  • "Is This The Guy?"
    Mike Hayes
     
  • America Under Watch: Face Surveillance in the United States
    Clare Garvie, Laura Moy
     
  • Not Ready for Takeoff: Face Scans at Airport Departure Gates
    Harrison Rudolph, Laura Moy, Alvaro Bedoya
     
  • The Perpetual Line-Up: Unregulated Police Face Recognition in America
    Clare Garvie, Alvaro Bedoya, Jonathan Frankle, et al.
     
  • Face Recognition Performance: Role of Demographic Information
    Brendan F. Klare, Member, IEEE, Mark J. Burge, Senior Member, IEEE, Joshua C. Klontz, Richard W. Vorder Bruegge, and Anil K. Jain, Fellow, IEEE.
     
  • Accessorize to a Crime: Real and Stealthy Attacks on State-of-the-Art Face Recognition
    Mahmood Sharif, Sruti Bhaguvatula, Michael Reiter, and Lujo Bauer.

 


Need help with a facial recognition case?


The Center is available to provide consultations and litigation resources as well as direct assistance in support of a defendant’s Fourth Amendment claims. Specifically, the Center may assist in motion practice, preparation for suppression hearings, appellate strategy, brief writing, and oral argument. The Center also provides group trainings for defense lawyers around the country and upon request.

To request assistance or additional information, contact 4AC@nacdl.org.

 

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