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Facial recognition documents

Somerville legislation

   Ordinance: Banning the usage of facial technology surveillance in Somerville
   WHEREAS, the broad application of face surveillance in public spaces is the functional equivalent of requiring every person to carry and display a personal photo identification card at all times.
   WHEREAS, face surveillance technology has been shown to be far less accurate in identifying the faces of women, young people, and people of color, and that such inaccuracies place certain persons at an elevated risk of harmful “false positive” identifications.
   WHEREAS many of the databases to which face surveillance technology is applied are plagued by racial and other biases, which generate copycat biases in face surveillance data.
   WHEREAS, the public use of face surveillance can chill the exercise of constitutionally protected free speech.
   WHEREAS, the broad application of face surveillance in public spaces is the functional equivalent of requiring every person to carry and display a personal photo identification card at all times.
   WHEREAS, the benefits of using face surveillance, which are few and speculative, are greatly outweighed by its harms, which are substantial.
   THEREFORE, BE IT RESOLVED, THAT THE SOMERVILLE CITY COUNCIL ADOPTS THE FOLLOWING :
   Section 1. Definitions.
   (A) “Face surveillance” shall mean an automated or semi-automated process that assists in identifying an individual, capturing information about an individual, based on the physical characteristics of an individual’s face.
   (B) “Face surveillance system” shall mean any computer software or application that performs face surveillance.
   © “Somerville” shall mean any department, agency, bureau, and/or subordinate division of the City of Somerville.(D) “Somerville official” shall mean any person or entity acting on behalf of the Somerville , including any officer, employee, agent, contractor, subcontractor, or vendor.

   SECTION 2. Ban on Government Use of Face Surveillance.
   (A) It shall be unlawful for Somerville or any Somerville official to obtain, retain, access, or use:
   (1) Any face surveillance system; or
   (2) Any information obtained from a face surveillance system.

   SECTION 3. Enforcement.
   (A) Suppression. No data collected or derived from any use of face surveillance in violation of this Somerville and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Somerville. Face surveillance data collected or derived in violation of this Ordinance shall be considered unlawfully obtained, and shall be deleted upon discovery.
   (B) Cause of Action. Any violation of this Ordinance constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance. An action instituted under this paragraph shall be brought against the respective City department, and the City and, if necessary to effectuate compliance with this Ordinance, any other governmental agency with possession, custody, or control of data subject to this Ordinance.
   © Statutory Damages. Any person who has been subjected to face recognition in violation of this Ordinance, or about whom information has been obtained, retained, accessed, or used in violation of this Ordinance, may institute proceedings in any court of competent jurisdiction against the City and shall be entitled to recover actual damages, but not less than liquidated damages of $1,000 or $100 for each violation, whichever is greater.
   (D) Fees. A court shall award costs and reasonable attorneys’ fees to a plaintiff who is the prevailing party in an action brought under Section 3(B) or ©.
   (E) Training. Violations of this Ordinance by a City employee shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements.

Massachusetts Library Association Endorsement of S.1385 & H. 1538 (MA bills)

Friday, June 14, 2019

To Whom It May Concern:

The Massachusetts Library Association (MLA) Executive Committee voted unanimously during their June 14, 2019 meeting to endorse Massachusetts legislation that would provide for a moratorium on face surveillance.

MLA supports S.1385 & H.1538, presented by Senator Cynthia Creem and Representative David Rogers. Librarians have always been concerned about intellectual freedom and patron privacy. This bill will allow for more conversation about a complex issue that affects all of our fellow residents in the Commonwealth.

Please join MLA in supporting this moratorium on face surveillance.

Sincerely,

William Adamczyk

MLA, President

Milton Public Library, Director

Boston Public Library Staff Association Endorsement of S.1385 & H. 1538 (MA bills)

October 22, 2019

To Our Library Community in Boston:

The Boston Public Library Professional Staff Association supports legislation to establish a moratorium on the use of face surveillance technology by state agencies in Massachusetts.

Face surveillance technology is riddled with racial and gender biases and is a threat to the civil liberties of library patrons and our colleagues who spend much of their day in public spaces, often in full view of municipal surveillance cameras. Library ethics of privacy and intellectual freedom are incompatible with this invasive technology. Please join the BPL-PSA membership and executive board in supporting Massachusetts House Bill H.1538 and Senate Bill S.1385 to create a moratorium on face surveillance.

Thank you, BPLPSA

BPLPSA Testimony before the Joint Committee on the Judiciary

October 22, 2019

Joint Committee on the Judiciary Sen. James Eldridge & Rep. Claire Cronin, Co-Chairs

Testimony in Support of S.1385 and H. 1538 Moratorium on Government Use of Face Surveillance Technologies

Dear Senator Eldridge, Representative Cronin, and members of the committee,

The Boston Public Library Professional Staff Association (BPLPSA) has voted to support S.1385 and H.1538, legislation to establish a moratorium on government use of face recognition and emerging biometric surveillance technologies.

Face surveillance technology is riddled with racial and gender biases and is a threat to the civil liberties of library patrons and our colleagues who spend much of their day in public spaces, often in full view of library surveillance cameras. Library ethics of privacy and intellectual freedom are incompatible with this invasive technology. BPL-PSA supports Massachusetts House Bill H.1538 and Senate Bill S.1385 to create a moratorium on face surveillance.

A Massachusetts moratorium on face surveillance technology is critically important because library staff have a professional, ethical and legal imperative to safeguard the right to privacy, confidentiality and intellectual freedom of library patrons. The presence of this technology in libraries and in other public spaces would abrogate this relationship of trust between library staff and our community. This type of surveillance threatens to create a world where people are watched and identified as they use a library, attend a protest, congregate at a place of worship, visit a medical provider, and go about our daily lives.

We encourage you to “press pause” on statewide implementation of biometric surveillance technology by government entities. We need a robust public debate to examine this complex issue, and strong regulations to ensure it doesn’t infringe on our liberties.

Please give a favorable report to S.1385, An Act establishing a moratorium on face recognition and other remote biometric surveillance systems, and H.1538, An Act relative to unregulated face recognition and emerging biometric surveillance technologies.

Thank you for your attention and consideration.

BPLPSA