The Georgetown Law Center on Privacy & Technology has released a new report on face recognition which is designed to serve as a resource for researchers and criminal justice stakeholders encountering this technology. The report, “A Forensic Without the Science: Face Recognition in U.S. Criminal Investigations” and accompanying resources, including a brief, motion, affidavit, and sample discovery request are available here.
The report examines the reliability of face recognition methods and determines face recognition is likely an unreliable source of identity evidence. Due to the inherently biasing information in faces, it may be impossible to remove the risk of bias and mistake from face recognition. The report also examines the admissibility of face recognition as evidence in court and its use in criminal investigations.
The report was authored by Clare Garvie who now serves as Training and Resource Counsel with NACDL’s Fourth Amendment Center. Clare is available to consult with attorneys on the face recognition evidence in their cases and was a presenter in the 2022 IDS Forensic Science Education webinar series. You can contact Clare here.