Here are just some of the questions that Microsoft President Brad Smith thinks need to be answered:
Should law enforcement use of facial recognition be subject to human oversight and controls, including restrictions on the use of unaided facial recognition technology as evidence of an individual’s guilt or innocence of a crime?
Similarly, should we ensure there is civilian oversight and accountability for the use of facial recognition as part of governmental national security technology practices?
What types of legal measures can prevent use of facial recognition for racial profiling and other violations of rights while still permitting the beneficial uses of the technology?
Should use of facial recognition by public authorities or others be subject to minimum performance levels on accuracy?
Should the law require that retailers post visible notice of their use of facial recognition technology in public spaces?
Should the law require that companies obtain prior consent before collecting individuals’ images for facial recognition? If so, in what situations and places should this apply? And what is the appropriate way to ask for and obtain such consent?
Should we ensure that individuals have the right to know what photos have been collected and stored that have been identified with their names and faces?
Should we create processes that afford legal rights to individuals who believe they have been misidentified by a facial recognition system?