Government must confront the civil rights challenges of facial recognition

Artificial intelligence, while present in virtually every aspect of our daily lives, is far from perfect. That matters especially when its application impacts civil rights.

Take, for example, facial recognition technology, a type of AI that can scan massive datasets of facial images to determine whether two images belong to the same person. The U.S. government, realizing this enormous power, has adopted, deployed and facilitated the proliferation of facial recognition across law enforcement, homeland security and even public housing.

Facial recognition shows us that when complex and evolving technology such as AI is deployed in the real world, as opposed to in a laboratory, technological flaws that might otherwise be interesting data points in a simulation can undermine the basic freedoms of the American people.

At my request, the U.S. Commission on Civil Rights conducted a monthslong investigation into the federal government’s use of facial recognition within the Departments of Justice, Homeland Security and Housing and Urban Development. Then we published a bipartisan report last fall acknowledging the technology’s utility in solving crimes, combating terror threats and locating missing children.

However, the report also highlights the grave risks that facial recognition poses to the civil rights of all Americans. The report is significant not just for its contributions to an under-studied field, but also for the rare consensus it garnered at an agency evenly divided among Democratic and Republican appointees. This shows that the civil rights concerns about AI are not partisan.

Facial recognition technology is a system of interdependent components trained largely on images of white people, resulting in models that are worse at accurately recognizing non-white people in real-world settings. The facial recognition system can still interpret data from underrepresented groups, but with higher error rates.

The camera technology that facial recognition algorithms rely upon may capture drastically different images of the same person’s skin tone depending on the camera quality, camera positioning and the environment's lighting. A facial recognition technology algorithm may then return a false positive match, meaning the system thinks two different people are the same, or a false negative hit, meaning the system thinks the same person is actually two different individuals.

In other words, facial recognition has flaws that are biased against and disproportionately harm people of color. This is also true for women and seniors.

It is critical to fully understand how these flaws in technology translate to real-world consequences. If law enforcement agencies rely on facial recognition that is not properly tested, and if they do not train agents in the proper use of facial recognition and disclose the use of facial recognition to defendants in criminal cases, a false positive match can ruin an innocent person’s life.

Michigan citizen Robert Williams experienced this firsthand when he was wrongfully arrested in front of his family for the robbery of a Shinola store in Detroit after two blurry surveillance photos became the basis for a mismatched facial recognition result.

His case involved omissions of facial recognition use in the arrest warrant and an unreliable photo lineup procedure. It led to an unprecedented settlement by the Detroit Police Department requiring training on the risks of facial recognition, especially when used on people of color, and a significant rollback of the department’s reliance on the technology.

But imagine the direct and collateral consequences for Williams and his loved ones if this exculpatory evidence had never emerged and he had been convicted and sentenced — or, more realistically, coerced under the weight of the criminal legal system to plead guilty.

A recent investigation by the Washington Post revealed that police departments across America frequently disregard their own internal policies intended to prevent these inaccurate identifications.

This is particularly alarming given the testimony of Assistant Police Chief Armondo Aguilar, who told the commission last spring that the ubiquitous Clearview AI software used by the Miami Police Department is only accurate 40 percent of the time prior to the human-level fact-check required by departmental guidelines. Even then, human reviewers can fall victim to “automation bias,” the tendency to favor suggestions from automated systems and avoid contradictory information.

Facial recognition technology isn’t just problematic in law enforcement. If public housing authorities use facial recognition to surveil their tenants, whose incomes afford them no meaningful alternative to such housing, those tenants must choose between housing and privacy, along with the risk of unfair consequences like eviction and the denial of entry due to false positive and false negative results.

Issues like these were central to a 2023 Washington Post investigation into the use of surveillance systems by public housing authorities, many equipped with facial recognition capabilities.

Facial recognition technology testing, training and deployment guardrails, as they exist today, are neither holistic nor standardized enough to account for the complex, real-world scenarios in which governments at the federal and local levels are deploying facial recognition.

To summarize, when the federal government deploys and heavily relies upon facial recognition technology in real-world scenarios without proper testing and oversight, such as in the form of a “human-in-the-loop” to independently review search results, it can become the basis for false arrests, wrongful convictions and unfair housing practices, to say nothing of the privacy risks inherent in mass surveillance.

As AI proliferates due to its usefulness, we must be mindful of its ever-growing risks to civil rights and civil liberties. Several key recommendations to the federal government contained in the commission’s report offer a framework for how governments at the federal and local levels, and even private actors, can guard against such harms.

First, facial recognition testing and training should be mandatory, standardized and involve real-world scenarios.

Second, public transparency in the use of facial recognition by a department or agency should be prioritized, such as posting use policies on their websites and informing criminal defendants when facial recognition has been used against them.

Third, individuals harmed by the misuse or abuse of facial recognition technology should have a statutory mechanism for redress of any harm suffered.

This moment in history presents a crucial opportunity for the U.S. government to meet this moment of immense technological potential with due consideration and protection for the civil rights and civil liberties of every American.

Mondaire Jones is a member of the U.S. Commission on Civil Rights and formerly a Democratic U.S. representative for New York’s 17th Congressional District serving on the House Judiciary and Ethics committees.

Topics

High School Trans Athletes Challenge Trump’s Executive Order in New Hampshire

A lawsuit appears to be the first challenge to the constitutionality of an executive order barring trans athletes from girls’ and women’s sports teams.
The New York Times - 41m
Kraft Heinz wraps up ‘challenging’ year with a profit warning as stock drops

The company said it’s “committed to making the necessary investments to drive top-line improvement, while remaining disciplined.”
MarketWatch - 1h
Talks to form far-right-led coalition government in Austria collapse

Disagreements over key posts and issues like migration mean snap election is likely, with far-right Freedom party ahead in polls. Europe live – latest updates Austria’s Freedom party (FPÖ) has ...
The Guardian - 4h
Austrian far-right leader Herbert Kickl says talks to form a new coalition government have collapsed

Austrian far-right leader Herbert Kickl says talks to form a new coalition government have collapsed
ABC News - 5h
As Trump pushes whirlwind agenda, DOJ is challenged to defend his orders in court

As Donald Trump presses his breakneck effort to remake the government, the flurry of lawsuits pushing back have seemingly overwhelming the lawyers defending his orders.
ABC News - 8h
Democrats are divided on government shutdown threats

Politico - 1d
Must-Play Games for 2025 | Fan Pulse - Fast Start Gaming Edition

From the Switch 2 announcement to February's massive RPG lineup and gaming's surprising connection to pro sports, get the latest on what's trending in the gaming world.
GameSpot - 3h
8 inspectors general fired by Trump file lawsuit challenging dismissals

A group of eight former internal government watchdogs who were fired by President Trump filed a lawsuit Wednesday challenging their terminations.
CBS News - 3h
Austrian far-right leader's efforts to form a new government collapse

Austrian far-right leader Herbert Kickl says his talks on forming a coalition government with a conservative party have collapsed
ABC News - 4h
Fears of potential constitutional crisis amid challenges to Trump executive orders

President Trump has signed a barrage of executive orders since taking office for his second term, but many have been blocked in federal courts. That's causing some critics to wonder if his orders ...
CBS News - 5h
Sotomayor Says Presidents Are Not Monarchs and Must Obey Rulings

Speaking in general terms at a Florida college and not naming President Trump, the Supreme Court justice’s remarks took on potency in the current climate.
The New York Times - 13h
Dodgers stay hungry, say '25 'a unique challenge'

Facing immense expectations heading into the 2025 season, the defending champion Dodgers are preaching patience and avoiding the temptation to talk about the World Series in February.
ESPN - 14h
The Horror Show of Hamas Must End Now

The region needs to be put to a choice about Gaza’s future.
The New York Times - 19h
New Civilization 7 Patch Takes Aim At Text Issues And War-Hungry AI Opponents

Civilization VII developer Firaxis has released a new patch for the turn-based strategy game on PC, tweaking the gameplay, AI opponents, and the user interface. This is one of several patches ...
GameSpot - 1d
The start-ups seeking to challenge China’s stranglehold on rare minerals

Companies say recycling electric waste can provide a new independent source of the sought after elements
Financial Times - 1d
Trump warns ‘all’ Israeli hostages must be released by Saturday

US president says ‘all hell’ will break out if his deadline is not met
Financial Times - 1d
UK must respect Trump's mandate, new US ambassador tells BBC

In his first day on the job, Lord Peter Mandelson says "we have to respect and understand what drives" the US president.
BBC News - 1d
Russian diplomat says Putin's conditions on Ukraine must be met

A Russian diplomat said Monday that a Ukraine war peace agreement won't be reached unless Russian President Vladimir Putin’s conditions have been met, according to multiple outlets. “Without ...
The Hill - 1d
Woman confronted PhD student over alleged rape

The alleged victim told the PhD student that she was unconscious when he had sex with her.
BBC News - 2d
Upcoming California Super Bowls Confront Climate Risks

New Orleans’ Super Bowl has wrapped—the Philadelphia Eagles denied the Chiefs their third straight NFL title in a 40-22 win—and the NFL’s big game moves back out west, with the league’s next two ...
Yahoo Sports - 2d
Vance Challenges Courts’ Power, and Trump Targets the Penny

Plus, why golden retrievers keep losing.
The New York Times - 2d
GOP senators terrified of crossing Trump, facing Musk-funded challengers

GOP senators are terrified over the prospect of facing primary challengers funded by Elon Musk if they stick their necks out by opposing President Trump's agenda The White House has signaled that ...
The Hill - 2d
AI summit in Paris: World leaders, tech titans and challenging diplomatic talks

Major world political leaders are meeting for an AI summit in Paris, where challenging diplomatic talks are expected while tech titans fight for dominance in the fast-moving technology industry
ABC News - 2d
Trump must not pardon Sam Bankman-Fried

Donald Trump should not pardon Sam Bankman-Fried, as his crimes were intentional and he defrauded thousands of people, rather than being reckless or unfortunate mistakes.
The Hill - 2d
Vance challenges courts, suggests they are going too far

Vice President Vance challenged the judges who are pushing back on President Trump’s executive orders, arguing they are going too far. “If a judge tried to tell a general how to conduct a military ...
The Hill - 3d
Trump policies challenged on passports, gender-affirming care for minors

A group of transgender people sued in federal court over an order that led to the halting of allowing gender markers to be changed on passports and barring the use of the "X" marker used by many ...
CBS News - 3d
Civilization VII VR Lets You Build Your Cities On A Virtual Reality Tabletop

2K and Firaxis Games are gearing up to add a whole new reality to the Civilization experience. Today, during the Civ World Summit livestream on the official Firaxis Games Twitch channel, the ...
GameSpot - 4d
Congress must prevent a mass-amnesty for COVID fraud

Don't give criminals and fraudsters a “get out of jail free” card for COVID fraud.
The Hill - 4d
The families of L.A. wildfire victims confront the failures that prevented escape

One month after the Los Angeles wildfires, the public and California’s government are being forced to confront weaknesses in their approach to disasters.
NBC News - 4d
Flirting with the far right

Conservatives in Europe are increasingly entwined with more extreme forces but circumstances differ nation by nation
Financial Times - 4d
What Scotland must do to end misery against Ireland

Scotland have a miserable recent record against Ireland - this is how Gregor Townsend's side can defeat the Six Nations champions.
BBC News - 4d
‘They came to the wrong neighborhood’: Residents confront demonstrators with Nazi flags near Cincinnati

A group of nearly a dozen people displaying swastika flags on an Interstate 75 overpass near Cincinnati, Ohio, left after being confronted by angry residents.
NBC News - 4d
Demonstrators with Nazi flags leave Cincinnati-area highway overpass after residents confront them

A group of demonstrators wearing black clothing, some holding Nazi flags with swastikas, quickly left a Cincinnati-area overpass when they were confronted by residents Friday, video shows.
NBC News - 4d
Inside Elon Musk's government takeover

A tech-focused media outlet has become a premiere source for breaking news on Elon Musk, his inner circle and their efforts to reshape the federal government. Katie Drummond, global editorial ...
CBS News - 4d
Trump administration drops challenge in transgender care dispute

Click in for more news from The Hill {beacon} Health Care Health Care The Big Story DOJ flips on gender-affirming care SCOTUS case President Trump’s Department of Justice switched positions on ...
The Hill - 4d
The US Government Is Not a Startup

Elon Musk and DOGE are moving fast and breaking things that can’t afford to be broken.
Wired - 5d
US aid cutoff poses new challenges to rights groups in Russia and Belarus

Rights groups, activists and independent media in Russia and Belarus endured increased government scrutiny, repressive laws and even were shut down and forced to operate from exile abroad
ABC News - 5d
Elon Musk vs The US Government

Musk says "it's now or never" for his revolution
BBC News - 5d