“Just like humans may err in recognizing faces, facial recognition technology (FRT) is not without its flaws,” writes Meagan O’Rourke at Reason. “Multiple defendants have blamed the technology for wrongful arrests as more and more law enforcement agencies rely on the technology to identify suspects.”
Ms. O’Rourke goes on to expand on the ruling, reporting that in “State v. Tybear Miles, New Jersey’s Supreme Court ruled that prosecutors must disclose how FRT was used to identify defendant Tybear Miles, who had been charged with ‘first-degree murder and weapons offenses.’”
While this new transparency is being induced by a state court, states “including Maryland, Montana, and Washington,” have legislated requirements that “law enforcement agencies to disclose the use of FRT to defendants before trial.”
It is worth remembering that there is another route to secure your privacy and public anonymity from surveillance hardware and facial recognition software: technological innovation. A serial killer in the TV series Dexter Resurrection found a way, with lights inside his “camera-shy hoodie.” But there are many more ways. And more will be developed. Prying creates its own counter-measures. Even among the law-abiding.