In response, cities across the nation, such as Nashville, Seattle, and Oakland, have adopted Community Control Over Police Surveillance legislation. The measures in this legislation vary but generally include transparency requirements for the procurement of new surveillance technology; a community advisory committee to create standards for procurement; reports on the technologies’ anticipated impact; and ongoing reporting requirements on their use. Some cities, such as San Francisco and Oakland, have prohibited the use of facial recognition technology by the government altogether.
- New York City enacted legislation that requires the police department to issue an impact and use report for surveillance technologies that is open for public comment. The use of the technologies is periodically audited.
- Massachusetts enacted legislation that prohibits government agencies from using facial recognition technology without a warrant (S 2963).
- Virginia enacted legislation that bans local law enforcement agencies from purchasing facial recognition software unless expressly authorized by state legislation (H 2031).
- The City Council of Boston, MA, passed an ordinance that prohibits the use of facial recognition technology by the city of Boston.
- The City Council of Portland, OR, passed two ordinances that prohibit the use of facial recognition technology by both government agencies and private entities in places of public accommodation.
At the federal level, several legislative initiatives have been introduced to combat the use of surveillance technology and AI. While these bills are not directly addressed to the needs of protestors, they have an outsized impact on the right to freedom of assembly because these technologies have been increasingly used to track and monitor movement leaders and protestors.
- The Fourth Amendment is Not for Sale – Sponsored by Senators Wyden and Rand Paul it would both ban law enforcement agencies from circumventing warrant requirements by purchasing cell phone location data from third parties as well as ban purchasing social media data from brokers like Clearview AI. (more information)
- Facial Recognition and Biometric Technology Moratorium Act – Sponsored by Sen. Markey and Rep. Jayapal it would prohibit the use of facial recognition and other biometric technology (like voice recognition) by federal entities as well as any state and local entities that accept federal funding. (more information)