Cited by 7Ethics and Social Impacts of AIArtificial Intelligence in LawFace recognition and analysis

Fly in the Face of Bias: Algorithmic Bias in Law Enforcement’s Facial Recognition Technology and the Need for an Adaptive Legal Framework

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·2021·Minnesota Journal of Law & Inequality

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  • In 2018, Amazon's facial recognition system, Rekognition, came under scrutiny for exhibiting racial and gender biases, with significantly higher error rates for identifying darker-skinned individuals and females.

    “In 2018, Amazon's facial recognition system, Rekognition, came under scrutiny for exhibiting racial and gender biases.It significantly had higher error rates for identifying darker-skinned individuals and females.”

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Research works printed but not linked: 4

  1. Joy Buolamwini & Timnit Gebru, Gender Shades: Intersectional Accuracy Disparities in Commercial Gender Classifications, 81 PROC. MACH. LEARNING RESCH. 71, 88 (2018), http://proceedings.mlr.press/v81/buolamwini18a/ buolamwini18a.pdf [perma.cc/D24E-9JK6].
  2. Know It, N.Y. TIMES (Feb. 10, 2020), https://www.nytimes.com/2020/01/18/ technology/clearview-privacy-facial-recognition.html [perma.cc/7SL8-YWKC] (documenting an investigation into a company that sells FRT, which at first remained very private but eventually has been more willing to discuss their software with journalists). 195. Id. 196. See Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 264- 65 (1977) (noting that Washington v. Davis, 426 U.S. 229 (1976), has been repeatedly relied on to reaffirm the need for "proof of racially discriminatory intent or purpose" in a variety of contexts). 197. Desai & Kroll, supra note 20. 198. See Buolamwini & Gebru, supra note 14. 199. 517 U.S. 806, 813 (1996). 200. Id. 201. See Illinois v. Gates, 462 U.S. 213, 232 (1983) (discussing the standard of proof for finding probable cause). 202. See, e.g., Florida v. J.L., 529 U.S. 266, 270 (2000). 203. See Gates, 462 U.S. at 232. 204. See NLRB v. Catholic Bishop of Chi., 440 U.S. 490, 508-09 (1979) (
  3. Brennan, J., dissenting). 205. See id. at 509 (quoting Yu Cong Eng v. Trinidad, 271 U.S. 500, 518 (1926))
  4. mendment may not be substituted for construction, and that a court may not exercise legislative functions to save [a] law from conflict with constitutional limitation."). 206. Press Release, U.S. Sen. Cory Booker, supra note 165. 207. Press Release, U.S. Congressman Mark Takano, supra note 172. 208. See generally Mark Seidenfeld, Bending the Rules: Flexible Regulation and Constraints on Agency Discretion, 51 ADMIN. L. REV. 429 (Spring 1999). 209. Press Release, U.S. Congressman Mark Takano, supra note 172. 210. GARVIE ET AL., supra notes 17, 180-182. 211. GROTHER ET AL., supra note 43 (finding bias in the form of demographic differentials in contemporary face recognition algorithms). 212. See id. 213. GARVIE ET AL., supra note 17. 214. Justice in Forensic Algorithms Act of 2019, H.R. 4368, 116th Cong. (2019).

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Sorted by citations

Venue
Minnesota Journal of Law & Inequality
Published
2021
ISSN
  • 0737-089X (ISSN-L)
  • 2573-0037
OpenAlex
W4238172518
Cited by
7
References
0
Citations by year
2025: 5 · 2024: 1 · 2023: 1
FWCI
0.63
Type
journal article
Language
en
Open access
Locations
Law & inequality (publishedVersion)
Topics
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Social Sciences › Political Science and International Relations › Artificial Intelligence in Law
  • Physical Sciences › Computer Science › Computer Vision and Pattern Recognition › Face recognition and analysis
Keywords
algorithmic bias, facial recognition technology, law enforcement, predictive policing, algorithmic accountability, racial bias in policing

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