Publication:
Privacy in the face of surveillance: Fourth Amendment considerations for facial recognition technology

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Authors
Wynn, Eric Z.
Subjects
privacy
Fourth Amendment
surveillance
anonymity
facial recognition
technology
FRT
police
law enforcement
security
cameras
video
Next Generation Identification
NGI
Biometric Optical Surveillance System
BOSS
Federal Bureau of Investigation
FBI
Department of Homeland Security
DHS
Advisors
Halladay, Carolyn
Date of Issue
2015-03
Date
March 2015
Publisher
Monterey, California: Naval Postgraduate School
Language
Abstract
Facial recognition technology adds a new dimension to government and police surveillance. If these organizations were to employ active surveillance using facial recognition technology, the implication could mean that people appearing in public places no longer have an expectation of privacy in anonymity. Real-time identification using facial recognition surveillance technology is not currently ready for successful employment by law enforcement or government agencies, but the speed with which the technology is being developed means that a constitutional challenge to this new technology will serve as a turning point for the future of Fourth Amendment privacy jurisprudence and shape the future of surveillance in the digital age. This research explores the history and current state of facial recognition technology and examines the impacts of surveillance on privacy expectations. This thesis also reviews existing Fourth Amendment legal protections of privacy through a review of cases relating to government surveillance and privacy. The research effort finds that while facial recognition surveillance does not expressly violate current privacy protections, the courts have historically matured with advancing technology, and future court decisions are likely to decide soon whether the Fourth Amendment leans more toward safeguarding privacy or security when it comes to facial recognition surveillance.
Type
Thesis
Description
Series/Report No
Department
National Security Affairs
National Security Affairs
Organization
Identifiers
NPS Report Number
Sponsors
Funder
Format
Citation
Distribution Statement
Approved for public release; distribution is unlimited.
Rights
This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.
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