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First Page

54

Last Page

79

Abstract

This article will argue that regulations for government agency use of FRT should be stringent and limit the exploitation of personal biodata in the private sector. Instead of creating a new agency, Congress could expand an existing agency’s responsibility by granting it regulatory power over facial recognition technology. First, this article will seek to delineate the contours of facial recognition technology and its contemporary application within the United States. Then, this article will analyze the intricacies of FRT in both the public and private sectors. Within the public domain, specific attention will be devoted to discussing the use of FRT by government law enforcement agencies. This article will also challenge a First Amendment defense proffered by major technology firms to justify their development and dissemination of facial recognition technology software in both sectors. This article will criticize the legal soundness of this argument by identifying its inherent strengths, and more so, its weaknesses when subjected to real-world legal challenges. Finally, the analysis will pivot toward discerning the necessary legal measures for regulating this technology. This will include a comprehensive exploration of the legal frameworks essential to prevent unchecked expansion and to safeguard against infringements upon public interests and individual rights. This article will outline the administrative steps which should be taken to ensure the proper regulation of FRT.

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