REPS TED LIEU, SHEILA JACKSON LEE, YVETTE CLARKE, AND JIMMY GOMEZ INTRODUCE BILL TO REGULATE LAW ENFORCEMENT USE OF FACIAL RECOGNITION TECHNOLOGY

Press Release

Today, Congressman Ted W. Lieu (D-Los Angeles County), Congresswoman Sheila Jackson Lee (D-TX), Congresswoman Yvette Clarke (D-NY), and Congressman Jimmy Gomez (D-CA) introduced the Facial Recognition Act of 2022 to place strong limits and prohibitions on law enforcement use of facial recognition technology (FRT). FRT is a powerful surveillance tool used by law enforcement agencies, but a lack of greater transparency and reasonable limits on its use threatens Americans' civil liberties.

Law enforcement has deployed the invasive, sometimes flawed technology to identify peaceful protestors, investigate minor offenses, and arrest people solely on a single FRT match. The algorithms themselves still suffer from discriminatory bias and as a result, individuals have been misidentified through the use of FRT, particularly people of color.

The Members' legislation places strong limits on law enforcement use of FRT; provides transparency to individuals harmed by the use of FRT; and ensures annual assessments and reporting on law enforcement use of the technology.

"Protecting the privacy of Americans -- especially against a flawed, unregulated, and at times discriminatory technology -- is my chief goal with this legislation," said Congressman Lieu. "I'm pleased to work with Representatives Jackson Lee, Clarke and Gomez to introduce this bill to rein in law enforcement's use of facial recognition technology. Our bill is a workable solution that limits law enforcement use of FRT to situations where a warrant is obtained showing probable cause that an individual committed a serious violent felony. It also prohibits law enforcement from using FRT at protests, to track individuals with real-time face surveillance, in conjunction with body cameras, and in other problematic scenarios. This approach has received broad support including from civil liberties groups and former law enforcement officers alike."

"It is a pleasure to join Representatives Ted Lieu, Yvette Clarke, and Jimmy Gomez in introducing this vital legislation to protect civil liberties and prohibit inappropriate use of this technology," Congresswoman Jackson Lee stated. "Facial recognition technology must not be used as an invasive, intrusive surveillance tool because, if unrestrained, this powerful technology can be misused for racial profiling, infringing on personal privacy, and vilifying people who exercise their Constitutionally protected rights, such as the right to participate in peaceful protests. Our legislation establishes appropriate guardrails against surveilling people and misusing their personal characteristics -- including one's face, head, hair, and body -- to identify people who should not be subjected to such targeting and intrusive actions."

"There is no question that, in its current state, facial recognition is a flawed and harmful technology. We have long past the theoretical when it comes to its struggles identifying and misidentifying women and people of color and, consequently, the real world implications of its deficiencies are confronting real people every day. While these shortcomings are disastrous in the private sector, in law enforcement, they are entirely unacceptable," said Congresswoman Yvette D. Clarke. "My sincere gratitude goes to each of my colleagues standing for this essential legislation. I promise to always fight for legislative solutions such as the Facial Recognition Act of 2022 that center the experiences and wellbeing of the individuals affected by these emerging technologies, rather than the false promises of those promoting them."

"We've seen, time and time again, that the improper use of facial recognition technology leads to flawed and potentially deadly outcomes," said Congressman Jimmy Gomez. "Back in 2019, facial recognition technology incorrectly identified my headshot -- along with 27 other Members of Congress -- as people who have been arrested for a crime. There is no doubt that, left unchecked, the racial and gender biases which exist in FRT will endanger millions of Americans across our country and in particular, communities of color. The Facial Recognition Act of 2022 will ensure we have safeguards to restrict the use of facial recognition and protect the civil liberties of the American people ."

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