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BIOMETRICS TECHNOLOGIES

Description of issue. The secret video surveillance of the thousands of football fans who attended the 2001 Superbowl in Tampa, Florida was the first time that many Americans learned of something called "facial recognition biometrics." The technology used was not the common form of video monitoring that we are familiar with in convenience stores, at shopping malls, and on city streets. These systems do not have the capability to identify individuals whose faces are captured on videotape.

In contrast, the system used at the Superbowl and in the restaurant/bar district where many of the revelers gathered was able to identify known criminals and suspected terrorists from among the tens of thousands of faces scanned by the cameras using a biometrics technology called facial recognition biometrics.

Privacy and civil liberties advocates were quick to decry the use of this technology by the Tampa Police Department. It is not difficult to envision how such systems could be used to identify, for example, individuals who participate in public demonstrations against unpopular government actions. The "chilling effect" on individuals would be a likely result.

Biometrics is the term used for the many ways that we humans can be identified by unique aspects of our bodies. Fingerprints are the most commonly known biometric identifier. Other biometric identifiers are hand prints, vein dimensions, our iris designs, blood vessels on our retinas, body odor, the way that we walk, and our voices, among others. Our genetic profile is also unique to each of us. In facial recognition biometrics, the geometry of the face is measured.

The biometrics industry is booming, especially since the terrorist attacks of September 11, 2001.

• Several airports in the U.S. and other countries have since installed facial recognition biometrics systems to identify individuals on law enforcement agencies' "most-wanted" lists.
• Biometrics technologies are seen by the financial services industries as a way to deter fraud and identify fraudsters.
• Many casinos now use facial recognition biometrics systems to identify known card-counters and cheaters and expel them from their facilities.
• Various biometrics systems are being employed to provide secure access to computer systems, for example in health care institutions.
• Many national governments, including the U.S., use biometrics to speed border crossings and customs entry for frequent travelers.
• Some states and counties use fingerprinting to prevent welfare fraud.

Looking ahead. Privacy and civil liberties advocates are gravely concerned about the widespread adoption of biometrics systems. I have already discussed the chilling effect that a facial recognition system could have on our First Amendment right to protest government actions in public demonstrations. Such systems could easily be used to develop a database of known dissidents, to be used for social control purposes.

If one biometrics system were widely adopted, say fingerprinting, the many databases containing the digitized versions of the prints could be combined. While such a system is most likely to be developed by the commercial sector for use in financial transactions, government and law enforcement authorities would likely want to take advantage of these massive databases for other purposes, especially if we were to enter a time of social unrest. Indeed, government agencies and law enforcement are the top subscribers to the many databases compiled by private sector information brokers. I will return to the topic of information brokers later.

Privacy and civil liberties advocates have become more vocal about the threats of untrammeled and unregulated uses of biometrics technologies since the aftermath of the 9-11 terrorist attacks. Of the many biometrics technologies that are being developed, facial recognition biometrics is one of the most threatening because it can be deployed secretly, and can be invisible to those surveilled. Further, tests have found that the error rates for facial biometrics technologies are high. As a result, innocent people can be wrongly identified as criminals (false-positives), and known criminals and suspected terrorists can fail to be detected altogether (false-negatives).

Unless our government establishes strict oversight of such systems, many innocent individuals are likely to be apprehended. There must be limits on the kinds of uses that can be made of biometrics technologies by government and law enforcement authorities, as well as clear-cut and expeditious procedures to handle cases of erroneous identification.

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