The National Academies Press

Currently Skimming:

IX. DEVELOPING STATE AND LOCAL LAWS, AND FEDERAL AGENCY ACTIONS AND LEGISLATIVE PROPOSALS ON BIOMETRICS USAGE
Pages 49-53

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.

From page 49... ... The Illinois Biofollow the CCPA model, but do contain much of the same statu metric Information Privacy Act (Illinois BIPA) 464 is seen as tory language.462 In further contrast, the Washington state bill is offering some of the most robust protections of biometric data modeled after the GDPR rather than the CCPA.463 in the United States One of the key express legislative findings is That the majority of the proposed state legislation adopts the recognition that the CCPA model reveals certain trends, such as a focus on con [b] Read the entire page →
From page 50... ... Texas vider of biometric timekeeping systems to a defendant employer In 2009, Texas became the second state to enact a biometric should not be dismissed from a class action lawsuit under the information privacy act.491 While the Texas Act (which does not Illinois BIPA where allegations in the complaint contended that contain an official title) lacks many of the key components of the defendant provider did not comply with numerous aspects the Illinois BIPA, it is still comprehensive in that it applies to of the statute.482 all data collection statewide.492 Interestingly, unlike the Illinois Whether a plaintiff may litigate his or her Illinois BIPA claim BIPA, the Texas Act applies to a "person,"493 and no "entity" is in court has been the subject of a number of cases. Read the entire page →
From page 51... ... Like is broader in scope than the statewide CBCAA because San the Texas Act, it applies only to a "person," and no "entity" is Francisco ordinance applies to all city departments and covers referenced.496 Unlike both the Illinois BIPA and the Texas Act, various biometric information, while the CBCAA only applies the Biometric Identifiers Act does not provide for any private to facial recognition technology used in law enforcement body civil action, but instead provides that it "may be enforced solely cameras.507 by the attorney general under the consumer protection act."497 On June 13, 2019, Oakland, California, enacted an ordi On March 31, 2020, Washington enacted a separate act nance508 similar to the San Francisco ordinance in that it apregulating facial recognition usage by both state and local gov plies to all City departments, but narrower in its technical reach ernment.498 Among other requirements, the Facial Recognition in that it applies only to facial recognition.509 Significantly, the Act requires that state and local government agencies submit ac Oakland ordinance contains several findings as the bases for countability reports on facial recognition systems detailing the the Oakland City Council's action, one of which refers to a 2018 rate of false matches, data security measures, and procedures for report by the Massachusetts Institute of Technology Media Lab testing and feedback.499 that concluded facial recognition systems produced error rates 4. California of up to 34.7% in persons other than white males.510 The CCPA500 expanded California's privacy and information On June 27, 2019, the City of Somerville, Massachusetts, regulatory scheme to include biometric data. Read the entire page →
From page 52... ... Department of Commerce conducted a international flights reach the TSA ticket document checking detailed study through its Face Recognition Vendor Program podium, the TSA officer will review the traveler's boarding pass and published a report in December, 2019, which evaluated the and identify documents in accordance with TSA's standard op- effects of factors such as race and gender on facial recognition erating procedures and will then direct the traveler to a camera software.532 placed next to the podium. After capturing the facial image, the 525 Id. Read the entire page →
From page 53... ... Special Forces, a new device was developed for media or video surveillance.540 the Pentagon's Combatting Terrorism Technical Support Office The study shows findings for both false negatives and false that detects an individual's cardiac signature with an infrared positives and organizes its findings by demographic.541 Among laser.556 Contact infrared sensors are often used to automatically the broader findings, the study shows empirical evidence for the record an individual's pulse, but the new device, called Jetson, existence of demographic differentials in the majority of con- uses a technique known as laser vibrometry to detect the surtemporary face recognition algorithms that were evaluated.542 face movement caused by a heartbeat.557 The MIT Review reThe false positive differentials are much larger than those related ports that cardiac signatures are already used for security idento false negatives.543 False positive rates often vary by one or two tification in commercial applications using a wrist-worn pulse orders of magnitude (i.e., 10x, 100x) .544 Yet false negative effects sensor, but notes that Jetson extends this technology to check vary by factors usually much less than three.545 The false positive vibration from a distance of up to 200 meters.558 Researchers differentials exist broadly, across many, but not all, algorithms.546 have noted that cardiac radar is a biometric modality of interest The false negatives tend to be more algorithm-specific.547 With because it is non-intrusive and requires no subject cooperation regard to false positive demographic differentials, the study or knowledge.559 These points raise significant privacy concerns. Read the entire page →

From page 49...

... The Illinois Biofollow the CCPA model, but do contain much of the same statu metric Information Privacy Act (Illinois BIPA) 464 is seen as tory language.462 In further contrast, the Washington state bill is offering some of the most robust protections of biometric data modeled after the GDPR rather than the CCPA.463 in the United States One of the key express legislative findings is That the majority of the proposed state legislation adopts the recognition that the CCPA model reveals certain trends, such as a focus on con [b]

Read the entire page →

From page 50...

... Texas vider of biometric timekeeping systems to a defendant employer In 2009, Texas became the second state to enact a biometric should not be dismissed from a class action lawsuit under the information privacy act.491 While the Texas Act (which does not Illinois BIPA where allegations in the complaint contended that contain an official title) lacks many of the key components of the defendant provider did not comply with numerous aspects the Illinois BIPA, it is still comprehensive in that it applies to of the statute.482 all data collection statewide.492 Interestingly, unlike the Illinois Whether a plaintiff may litigate his or her Illinois BIPA claim BIPA, the Texas Act applies to a "person,"493 and no "entity" is in court has been the subject of a number of cases.

Read the entire page →

From page 51...

... Like is broader in scope than the statewide CBCAA because San the Texas Act, it applies only to a "person," and no "entity" is Francisco ordinance applies to all city departments and covers referenced.496 Unlike both the Illinois BIPA and the Texas Act, various biometric information, while the CBCAA only applies the Biometric Identifiers Act does not provide for any private to facial recognition technology used in law enforcement body civil action, but instead provides that it "may be enforced solely cameras.507 by the attorney general under the consumer protection act."497 On June 13, 2019, Oakland, California, enacted an ordi On March 31, 2020, Washington enacted a separate act nance508 similar to the San Francisco ordinance in that it apregulating facial recognition usage by both state and local gov plies to all City departments, but narrower in its technical reach ernment.498 Among other requirements, the Facial Recognition in that it applies only to facial recognition.509 Significantly, the Act requires that state and local government agencies submit ac Oakland ordinance contains several findings as the bases for countability reports on facial recognition systems detailing the the Oakland City Council's action, one of which refers to a 2018 rate of false matches, data security measures, and procedures for report by the Massachusetts Institute of Technology Media Lab testing and feedback.499 that concluded facial recognition systems produced error rates 4. California of up to 34.7% in persons other than white males.510 The CCPA500 expanded California's privacy and information On June 27, 2019, the City of Somerville, Massachusetts, regulatory scheme to include biometric data.

Read the entire page →

From page 52...

... Department of Commerce conducted a international flights reach the TSA ticket document checking detailed study through its Face Recognition Vendor Program podium, the TSA officer will review the traveler's boarding pass and published a report in December, 2019, which evaluated the and identify documents in accordance with TSA's standard op- effects of factors such as race and gender on facial recognition erating procedures and will then direct the traveler to a camera software.532 placed next to the podium. After capturing the facial image, the 525 Id.

Read the entire page →

From page 53...

... Special Forces, a new device was developed for media or video surveillance.540 the Pentagon's Combatting Terrorism Technical Support Office The study shows findings for both false negatives and false that detects an individual's cardiac signature with an infrared positives and organizes its findings by demographic.541 Among laser.556 Contact infrared sensors are often used to automatically the broader findings, the study shows empirical evidence for the record an individual's pulse, but the new device, called Jetson, existence of demographic differentials in the majority of con- uses a technique known as laser vibrometry to detect the surtemporary face recognition algorithms that were evaluated.542 face movement caused by a heartbeat.557 The MIT Review reThe false positive differentials are much larger than those related ports that cardiac signatures are already used for security idento false negatives.543 False positive rates often vary by one or two tification in commercial applications using a wrist-worn pulse orders of magnitude (i.e., 10x, 100x) .544 Yet false negative effects sensor, but notes that Jetson extends this technology to check vary by factors usually much less than three.545 The false positive vibration from a distance of up to 200 meters.558 Researchers differentials exist broadly, across many, but not all, algorithms.546 have noted that cardiac radar is a biometric modality of interest The false negatives tend to be more algorithm-specific.547 With because it is non-intrusive and requires no subject cooperation regard to false positive demographic differentials, the study or knowledge.559 These points raise significant privacy concerns.

Read the entire page →

← Previous Chapter Skim

Next Chapter Skim →

This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More information on Chapter Skim is available.

IX. DEVELOPING STATE AND LOCAL LAWS, AND FEDERAL AGENCY ACTIONS AND LEGISLATIVE PROPOSALS ON BIOMETRICS USAGE Pages 49-53

IX. DEVELOPING STATE AND LOCAL LAWS, AND FEDERAL AGENCY ACTIONS AND LEGISLATIVE PROPOSALS ON BIOMETRICS USAGE
Pages 49-53