For immediate release: May 9, 2024

Caitlin Seeley George

978-852-6457

Two emerging stories highlight exactly how law enforcement use of facial recognition technology is incompatible with human rights.

In California, UCLA and LAPD plan to use facial recognition to identify participants in a campus protest, where students protesting the university’s complicity in Palestinian genocide were attacked by counter-demonstrators. While police claim the intention of the investigation is to identify the attackers, this technology will also allow them to identify those involved in peaceful protests. This could result in disciplinary actions, and has a significant chilling effect on participation in the first amendment protected right.

Meanwhile in D.C., the TSA is fighting against lawmakers who are trying to rein in the rapidly expanding use of facial recognition in airports. Last week, Senators Merkley, Kennedy, and Marshall filed an amendment to the FAA reauthorization package that would freeze the new rollout of facial recognition technology at airports for the next three years, and codify travelers’ right to opt out of facial recognition by the TSA (something the agency already claims it allows, despite actual traveler experiences).

In response, the TSA and its friends in the airline industry are pulling out all stops to try to kill this amendment. The TSA’s oft touted line that travelers can opt out of facial recognition without any consequences, including without experiencing longer wait times, is being tossed aside as the agency and industry lobby groups are now saying that if lawmakers regulate the use of facial recognition in airports, it would significantly increase security wait times. It’s becoming clear that ultimately the TSA wants to make facial recognition mandatory for all travelers, and must tank this legislation to protect their surveillance interests.

The following can be attributed to Caitlin Seeley George (she/her), Campaigns and Managing Director at Fight for the Future:

“These examples of TSA and police using facial recognition make one thing very clear: they will say or do anything to be able to keep using and expanding mandatory compliance with this tech. Whether you’re exercising your first amendment rights or trying to catch a flight, being forced to submit your biometric data threatens your rights. These examples have only clarified the need for legislation to stop law enforcement from using this technology.”