An Overview of Facial Recognition Technology Regulation in the United States

ORCID

https://orcid.org/0009-0000-1271-2185>Gus Hurwitz 0009-0000-1271-2185

Document Type

Book Chapter

Publication Date

3-28-2024

Abstract

This chapter discusses the current state of laws regulating facial recognition technology (FRT) in the United States. The stage is set for the discussion with a presentation of some of the unique aspects of regulation in the United States and of the relevant technology. The current status of FRT regulation in the United States is then discussed, including general laws (such as those that regulate the use of biometrics) and those that more specifically target FRT (such as those that prohibit the use of such technologies by law enforcement and state governments). Particular attention is given to the different regulatory institutions in the United States, including the federal and state governments and federal regulatory agencies, as well as the different treatment of governmental and private users of FRT. The chapter concludes by considering likely future developments, including potential limits of or challenges to the regulation of FRT.

Keywords

facial recognition technology, law enforcement, biometric data, European Union Artificial Intellegence Act

Publication Title

The Cambridge Handbook of Facial Recognition in the Modern State

DOI

https://doi.org/10.1017/9781009321211.018

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