Abstract

This Article addresses the privacy concerns presented by the widespread unregulated implementation of FRT and explores possible responses by the legislature and courts. Part II details the mechanics of FRT and recent technological developments. Part III addresses why FRT may be characterized as a double-edged sword by touching on (1) the various applications of FRT in different industries, (2) the fallibility of FRT, and (3) the criticisms of FRT that drive the need for policy development. Part IV provides a detailed analysis of Carpenter, and predicts how the courts may interpret the holdings in Carpenter when faced with a case challenging FRT. Part V demonstrates the need for federal regulations restricting FRT and provides the pending and enacted state and local legislative acts imposing restrictions on the use of FRT. Part V also proposes model legislation for regulating FRT. Part VI discusses the pervasiveness of surveillance cameras equipped with FRT in China to demonstrate the dystopic like society that can result from the widespread, unregulated use of FRT.

How to Cite:

Claire Bosarge, Facial Recognition Technology: How Will Lawmakers and the Courts Respond to the Growing Demand for Policy Development?, 4 Ariz. L. J. Emerging Tech., no. 4, 2021, https://doi.org/10.2458/azlawjet.5503