“I Knew You Were Trouble”: The Privacy Challenges of Artificial Intelligence and Facial Recognition Technology

In2019, a civilization without artificial intelligence (AI) seems unheard of. Self-driving cars,smartbots on Jeopardy!, and automateddrones are becoming integrated into the everyday lives ofindividuals worldwide. In many ways, AI has blended into society almostseemingly, while other AI technologies have surprised and even shocked citizensand consumers.

2018,for example, marked a unique year for Taylor Swift on the AI-front. In July2018, CableTV.comdeveloped algorithms to create a “new” Taylor Swift-like song. Despite notbeing created by the artist herself, the song resembled the style, tone, andlyrics of a classic Swift song. While not perfect, the AI-developed songrepresented the potential future of the music industry and other artisticfields. With increased precision in these technologies, which undoubtedly willoccur, numerous legal issues surrounding the mere creation of these works isuncertain.

ButTaylor-Swift-related AI did not stop there last year. Though AI may serve as aburden upon celebrities and artists attempting to protect their creativeexpression, AI is also being sought after by celebrities for their protection.In fact, in December 2018, a reportsurfaced that Taylor Swift herself employs AI facial recognitiontechnology for security measures.

Atone of Swift’s concerts, a kiosk showing the singer’s rehearsal clips drew fansin to look into a hidden facial recognition camera. The camera captured photosof the individuals who stopped by the kiosk and transferred them to a centralsecurity operation. These photos were then cross-referenced with photos ofknown Taylor Swift stalkers.

TaylorSwift, however, is not the only one affected by the uncertainty of AI. Numerouscompanies, government entities, and individuals currently or will soon face challengeswith AI. In particular, issues within both privacy will have a substantialimpact upon the integration of AI into society. The issues surrounding thesechallenges within AI technology are especially prevalent in facial recognitionAI.

Whileproviding some benefits, including increased safety measures, AI facialrecognition technology will inevitably be at odds with privacy protections. Asdemonstrated in the Taylor Swift example, facial recognition technologycaptures a person’s image, stores that image, and compares the image to anynumber of other stored images.

Thereis no doubt that this technology could provide necessary security toindividuals and society. Through real-time recognition, people of interestcould be immediately identifiedin a crowd. This could have beneficial domestic and internationalsecurity impacts. Similarly, economic benefits may be possible if suchtechnology is used by shoppingretailers to identify the most popular items or regions in a store,enabling innovation within marketing personalization.

Thesepotential benefits, however, are offset by the immense risk to privacy. In July2018, Amazon’s commercially-available facial recognition software was used tocompare photographs of members of Congress with those of arrestees. Thealgorithm was only 95% inaccurate, misidentifying28 Congressional members and concluding they had been among thearrested. In response, Amazon noted that the technology should be used inconjunction with humanjudgment. Amazon pressed the importance of its technology to humanitariancauses such as restricting human trafficking and helping to findlost children. Despite these potential benefits, the inaccuracies with AItechnologies will be a continued issue for many applications. AI algorithms areonly as good as the data input into them.

With facial recognition technologies, simple activities in an individual’s everyday life, could be compromised. Pictures posted to Facebook, Twitter, and Instagram could become part of tracked databases. Eleven states have explicit general privacy considerations in their state constitutions. Illinois and Texas require the consent of an individual for facial recognition data to be captured, 19 states require encryption of the data gained, and 20 states have enacted laws to protect the biometric data of minors. The City of San Francisco is considering a bill banning the governmental use of facial recognition software, the first of its kind in the United States. At the same time, AI facial recognition is protecting privacy through serving as a substitute for smartphone passwords and verification for visitors to schools. Facial recognition technologies ultimately present two conflicting realties: one in which privacy is protected and one in which privacy is usurped. With current AI technology and the lack of a regulatory protocol, a world with these conflicting outcomes may spell trouble for society’s future.

Ashle M. Page, 4 February 2019