Facial Recognition Can Reduce Racial Profiling and False Arrests
[Editor's Note: This essay is in response to our current Big Question, which we posed to experts with different perspectives: "Do you think the use of facial recognition technology by the police or government should be banned? If so, why? If not, what limits, if any, should be placed on its use?"]
Opposing facial recognition technology has become an article of faith for civil libertarians. Many who supported the bans in cities like San Francisco and Oakland have declared the technology to be inherently racist and abusive.
The greatest danger would be to categorically oppose this technology and pretend that it will simply go away.
I have spent my career as a criminal defense attorney and a civil libertarian -- and I do not fear it. Indeed, I see it as positive so long as it is appropriately regulated and controlled.
We are living in the beginning of a biometric age, where technology uses our physical or biological characteristics for a variety of products and services. It holds great promises as well as great risks. The greatest danger, however, would be to categorically oppose this technology and pretend that it will simply go away.
This is an age driven as much by consumer as it is government demand. Living in denial may be emotionally appealing, but it will only hasten the creation of post-privacy world. If we do not address this emerging technology, movements in public will increasingly result in instant recognition and even tracking. It is the type of fish-bowl society that strips away any expectation of privacy in our interactions and associations.
The biometrics field is expanding exponentially, largely due to the popularity of consumer products using facial recognition technology (FRT) -- from the iPhone program to shopping ones that recognize customers.
But the privacy community is losing this battle because it is using the privacy rationales and doctrines forged in the earlier electronic surveillance periods. Just as generals are often accused of planning to fight the last war, civil libertarians can sometimes cling to past models despite their decreasing relevance in the current world.
I see FRT as having positive implications that are worth pursuing. When properly used, biometrics can actually enhance privacy interests and even reduce racial profiling by reducing false arrests and the warrantless "patdowns" allowed by the Supreme Court. Bans not only deny police a technology widely used by businesses, but return police to the highly flawed default of "eye balling" suspects -- a system with a considerably higher error rate than top FRT programs.
Officers are often wrong and stop a great number of suspects in the hopes of finding a wanted felon.
A study in Australia showed that passport officers who had taken photographs of subjects in ideal conditions nonetheless experienced high error rates when identifying them shortly afterward, including 14 percent false acceptance rates. Currently, officers stop suspects based on their memory from seeing a photograph days or weeks earlier. They are often wrong and stop a great number of suspects in the hopes of finding a wanted felon. The best FRT programs achieve an astonishing accuracy rate, though real-world implementation has challenges that must be addressed.
One legitimate concern raised in early studies showed higher error rates in recognitions for certain groups, particularly African American women. An MIT study finding that error rate prompted major improvements in the algorithms as well as training changes to greatly reduce the frequency of errors. The issue remains a concern, but there is nothing inherently racist in algorithms. These are a set of computer instructions that isolate and process with the parameters and conditions set by creators.
To be sure, there is room for improvement in some algorithms. Tests performed by the American Civil Liberties Union (ACLU) reportedly showed only an 80 percent accuracy rate in comparing mug shots to pictures of members of Congress when using Amazon's "Rekognition" system. It recently showed the same 80 percent rate in doing the same comparison to members of the California legislators.
However, different algorithms are available with differing levels of performance. Moreover, these products can be set with a lower discrimination level. The fact is that the top algorithms tested by the National Institute of Standards and Technology showed that their accuracy rate is greater than 99 percent.
The greatest threat of biometric technologies is to democratic values.
Assuming a top-performing algorithm is used, the result could be highly beneficial for civil liberties as opposed to the alternative of "eye balling" suspects. Consider the Boston Bombing where police declared a "containment zone" and forced families into the street with their hands in the air.
The suspect, Dzhokhar Tsarnaev, moved around Boston and was ultimately found outside the "containment zone" once authorities abandoned near martial law. He was caught on some surveillance systems but not identified. FRT can help law enforcement avoid time-consuming area searches and the questionable practice of forcing people out of their homes to physically examine them.
If we are to avoid a post-privacy world, we will have to redefine what we are trying to protect and reconceive how we hope to protect it. In my view, the greatest threat of biometric technologies is to democratic values. Authoritarian nations like China have made huge investments into FRT precisely because they know that the threat of recognition in public deters citizens from associating or interacting with protesters or dissidents. Recognition changes conduct. That chilling effect is what we have the worry about the most.
Conventional privacy doctrines do not offer much protection. The very concept of "public privacy" is treated as something of an oxymoron by courts. Public acts and associations are treated as lacking any reasonable expectation of privacy. In the same vein, the right to anonymity is not a strong avenue for protection. We are not living in an anonymous world anymore.
Consumers want products like FaceFind, which link their images with others across social media. They like "frictionless" transactions and authentications using faceprints. Despite the hyperbole in places like San Francisco, civil libertarians will not succeed in getting that cat to walk backwards.
The basis for biometric privacy protection should not be focused on anonymity, but rather obscurity. You will be increasingly subject to transparency-forcing technology, but we can legislatively mandate ways of obscuring that information. That is the objective of the Biometric Privacy Act that I have proposed in recent research. However, no such comprehensive legislation has passed through Congress.
The ability to spot fraudulent entries at airports or recognizing a felon in flight has obvious benefits for all citizens.
We also need to recognize that FRT has many beneficial uses. Biometric guns can reduce accidents and criminals' conduct. New authentications using FRT and other biometric programs could reduce identity theft.
And, yes, FRT could help protect against unnecessary police stops or false arrests. Finally, and not insignificantly, this technology could stop serious crimes, from terrorist attacks to the capturing of dangerous felons. The ability to spot fraudulent entries at airports or recognizing a felon in flight has obvious benefits for all citizens.
We can live and thrive in a biometric era. However, we will need to bring together civil libertarians with business and government experts if we are going to control this technology rather than have it control us.
[Editor's Note: Read the opposite perspective here.]
Massive benefits of AI come with environmental and human costs. Can AI itself be part of the solution?
The recent explosion of generative artificial intelligence tools like ChatGPT and Dall-E enabled anyone with internet access to harness AI’s power for enhanced productivity, creativity, and problem-solving. With their ever-improving capabilities and expanding user base, these tools proved useful across disciplines, from the creative to the scientific.
But beneath the technological wonders of human-like conversation and creative expression lies a dirty secret—an alarming environmental and human cost. AI has an immense carbon footprint. Systems like ChatGPT take months to train in high-powered data centers, which demand huge amounts of electricity, much of which is still generated with fossil fuels, as well as water for cooling. “One of the reasons why Open AI needs investments [to the tune of] $10 billion from Microsoft is because they need to pay for all of that computation,” says Kentaro Toyama, a computer scientist at the University of Michigan. There’s also an ecological toll from mining rare minerals required for hardware and infrastructure. This environmental exploitation pollutes land, triggers natural disasters and causes large-scale human displacement. Finally, for data labeling needed to train and correct AI algorithms, the Big Data industry employs cheap and exploitative labor, often from the Global South.
Generative AI tools are based on large language models (LLMs), with most well-known being various versions of GPT. LLMs can perform natural language processing, including translating, summarizing and answering questions. They use artificial neural networks, called deep learning or machine learning. Inspired by the human brain, neural networks are made of millions of artificial neurons. “The basic principles of neural networks were known even in the 1950s and 1960s,” Toyama says, “but it’s only now, with the tremendous amount of compute power that we have, as well as huge amounts of data, that it’s become possible to train generative AI models.”
Though there aren’t any official figures about the power consumption or emissions from data centers, experts estimate that they use one percent of global electricity—more than entire countries.
In recent months, much attention has gone to the transformative benefits of these technologies. But it’s important to consider that these remarkable advances may come at a price.
AI’s carbon footprint
In their latest annual report, 2023 Landscape: Confronting Tech Power, the AI Now Institute, an independent policy research entity focusing on the concentration of power in the tech industry, says: “The constant push for scale in artificial intelligence has led Big Tech firms to develop hugely energy-intensive computational models that optimize for ‘accuracy’—through increasingly large datasets and computationally intensive model training—over more efficient and sustainable alternatives.”
Though there aren’t any official figures about the power consumption or emissions from data centers, experts estimate that they use one percent of global electricity—more than entire countries. In 2019, Emma Strubell, then a graduate researcher at the University of Massachusetts Amherst, estimated that training a single LLM resulted in over 280,000 kg in CO2 emissions—an equivalent of driving almost 1.2 million km in a gas-powered car. A couple of years later, David Patterson, a computer scientist from the University of California Berkeley, and colleagues, estimated GPT-3’s carbon footprint at over 550,000 kg of CO2 In 2022, the tech company Hugging Face, estimated the carbon footprint of its own language model, BLOOM, as 25,000 kg in CO2 emissions. (BLOOM’s footprint is lower because Hugging Face uses renewable energy, but it doubled when other life-cycle processes like hardware manufacturing and use were added.)
Luckily, despite the growing size and numbers of data centers, their increasing energy demands and emissions have not kept pace proportionately—thanks to renewable energy sources and energy-efficient hardware.
But emissions don’t tell the full story.
AI’s hidden human cost
“If historical colonialism annexed territories, their resources, and the bodies that worked on them, data colonialism’s power grab is both simpler and deeper: the capture and control of human life itself through appropriating the data that can be extracted from it for profit.” So write Nick Couldry and Ulises Mejias, authors of the book The Costs of Connection.
The energy requirements, hardware manufacture and the cheap human labor behind AI systems disproportionately affect marginalized communities.
Technologies we use daily inexorably gather our data. “Human experience, potentially every layer and aspect of it, is becoming the target of profitable extraction,” Couldry and Meijas say. This feeds data capitalism, the economic model built on the extraction and commodification of data. While we are being dispossessed of our data, Big Tech commodifies it for their own benefit. This results in consolidation of power structures that reinforce existing race, gender, class and other inequalities.
“The political economy around tech and tech companies, and the development in advances in AI contribute to massive displacement and pollution, and significantly changes the built environment,” says technologist and activist Yeshi Milner, who founded Data For Black Lives (D4BL) to create measurable change in Black people’s lives using data. The energy requirements, hardware manufacture and the cheap human labor behind AI systems disproportionately affect marginalized communities.
AI’s recent explosive growth spiked the demand for manual, behind-the-scenes tasks, creating an industry described by Mary Gray and Siddharth Suri as “ghost work” in their book. This invisible human workforce that lies behind the “magic” of AI, is overworked and underpaid, and very often based in the Global South. For example, workers in Kenya who made less than $2 an hour, were the behind the mechanism that trained ChatGPT to properly talk about violence, hate speech and sexual abuse. And, according to an article in Analytics India Magazine, in some cases these workers may not have been paid at all, a case for wage theft. An exposé by the Washington Post describes “digital sweatshops” in the Philippines, where thousands of workers experience low wages, delays in payment, and wage theft by Remotasks, a platform owned by Scale AI, a $7 billion dollar American startup. Rights groups and labor researchers have flagged Scale AI as one company that flouts basic labor standards for workers abroad.
It is possible to draw a parallel with chattel slavery—the most significant economic event that continues to shape the modern world—to see the business structures that allow for the massive exploitation of people, Milner says. Back then, people got chocolate, sugar, cotton; today, they get generative AI tools. “What’s invisible through distance—because [tech companies] also control what we see—is the massive exploitation,” Milner says.
“At Data for Black Lives, we are less concerned with whether AI will become human…[W]e’re more concerned with the growing power of AI to decide who’s human and who’s not,” Milner says. As a decision-making force, AI becomes a “justifying factor for policies, practices, rules that not just reinforce, but are currently turning the clock back generations years on people’s civil and human rights.”
Ironically, AI plays an important role in mitigating its own harms—by plowing through mountains of data about weather changes, extreme weather events and human displacement.
Nuria Oliver, a computer scientist, and co-founder and vice-president of the European Laboratory of Learning and Intelligent Systems (ELLIS), says that instead of focusing on the hypothetical existential risks of today’s AI, we should talk about its real, tangible risks.
“Because AI is a transverse discipline that you can apply to any field [from education, journalism, medicine, to transportation and energy], it has a transformative power…and an exponential impact,” she says.
AI's accountability
“At the core of what we were arguing about data capitalism [is] a call to action to abolish Big Data,” says Milner. “Not to abolish data itself, but the power structures that concentrate [its] power in the hands of very few actors.”
A comprehensive AI Act currently negotiated in the European Parliament aims to rein Big Tech in. It plans to introduce a rating of AI tools based on the harms caused to humans, while being as technology-neutral as possible. That sets standards for safe, transparent, traceable, non-discriminatory, and environmentally friendly AI systems, overseen by people, not automation. The regulations also ask for transparency in the content used to train generative AIs, particularly with copyrighted data, and also disclosing that the content is AI-generated. “This European regulation is setting the example for other regions and countries in the world,” Oliver says. But, she adds, such transparencies are hard to achieve.
Google, for example, recently updated its privacy policy to say that anything on the public internet will be used as training data. “Obviously, technology companies have to respond to their economic interests, so their decisions are not necessarily going to be the best for society and for the environment,” Oliver says. “And that’s why we need strong research institutions and civil society institutions to push for actions.” ELLIS also advocates for data centers to be built in locations where the energy can be produced sustainably.
Ironically, AI plays an important role in mitigating its own harms—by plowing through mountains of data about weather changes, extreme weather events and human displacement. “The only way to make sense of this data is using machine learning methods,” Oliver says.
Milner believes that the best way to expose AI-caused systemic inequalities is through people's stories. “In these last five years, so much of our work [at D4BL] has been creating new datasets, new data tools, bringing the data to life. To show the harms but also to continue to reclaim it as a tool for social change and for political change.” This change, she adds, will depend on whose hands it is in.
DNA gathered from animal poop helps protect wildlife
On the savannah near the Botswana-Zimbabwe border, elephants grazed contentedly. Nearby, postdoctoral researcher Alida de Flamingh watched and waited. As the herd moved away, she went into action, collecting samples of elephant dung that she and other wildlife conservationists would study in the months to come. She pulled on gloves, took a swab, and ran it all over the still-warm, round blob of elephant poop.
Sequencing DNA from fecal matter is a safe, non-invasive way to track and ultimately help protect over 42,000 species currently threatened by extinction. Scientists are using this DNA to gain insights into wildlife health, genetic diversity and even the broader environment. Applied to elephants, chimpanzees, toucans and other species, it helps scientists determine the genetic diversity of groups and linkages with other groups. Such analysis can show changes in rates of inbreeding. Populations with greater genetic diversity adapt better to changes and environmental stressors than those with less diversity, thus reducing their risks of extinction, explains de Flamingh, a postdoctoral researcher at the University of Illinois Urbana-Champaign.
Analyzing fecal DNA also reveals information about an animal’s diet and health, and even nearby flora that is eaten. That information gives scientists broader insights into the ecosystem, and the findings are informing conservation initiatives. Examples include restoring or maintaining genetic connections among groups, ensuring access to certain foraging areas or increasing diversity in captive breeding programs.
Approximately 27 percent of mammals and 28 percent of all assessed species are close to dying out. The IUCN Red List of threatened species, simply called the Red List, is the world’s most comprehensive record of animals’ risk of extinction status. The more information scientists gather, the better their chances of reducing those risks. In Africa, populations of vertebrates declined 69 percent between 1970 and 2022, according to the World Wildlife Fund (WWF).
“We put on sterile gloves and use a sterile swab to collect wet mucus and materials from the outside of the dung ball,” says Alida de Flamingh, a postdoctoral researcher at the University of Illinois Urbana-Champaign.
“When people talk about species, they often talk about ecosystems, but they often overlook genetic diversity,” says Christina Hvilsom, senior geneticist at the Copenhagen Zoo. “It’s easy to count (individuals) to assess whether the population size is increasing or decreasing, but diversity isn’t something we can see with our bare eyes. Yet, it’s actually the foundation for the species and populations.” DNA analysis can provide this critical information.
Assessing elephants’ health
“Africa’s elephant populations are facing unprecedented threats,” says de Flamingh, the postdoc, who has studied them since 2009. Challenges include ivory poaching, habitat destruction and smaller, more fragmented habitats that result in smaller mating pools with less genetic diversity. Additionally, de Flamingh studies the microbial communities living on and in elephants – their microbiomes – looking for parasites or dangerous microbes.
Approximately 415,000 elephants inhabit Africa today, but de Flamingh says the number would be four times higher without these challenges. The IUCN Red List reports African savannah elephants are endangered and African forest elephants are critically endangered. Elephants support ecosystem biodiversity by clearing paths that help other species travel. Their very footprints create small puddles that can host smaller organisms such as tadpoles. Elephants are often described as ecosystems’ engineers, so if they disappear, the rest of the ecosystem will suffer too.
There’s a process to collecting elephant feces. “We put on sterile gloves (which we change for each sample) and use a sterile swab to collect wet mucus and materials from the outside of the dung ball,” says de Flamingh. They rub a sample about the size of a U.S. quarter onto a paper card embedded with DNA preservation technology. Each card is air dried and stored in a packet of desiccant to prevent mold growth. This way, samples can be stored at room temperature indefinitely without the DNA degrading.
Earlier methods required collecting dung in bags, which needed either refrigeration or the addition of preservatives, or the riskier alternative of tranquilizing the animals before approaching them to draw blood samples. The ability to collect and sequence the DNA made things much easier and safer.
“Our research provides a way to assess elephant health without having to physically interact with elephants,” de Flamingh emphasizes. “We also keep track of the GPS coordinates of each sample so that we can create a map of the sampling locations,” she adds. That helps researchers correlate elephants’ health with geographic areas and their conditions.
Although de Flamingh works with elephants in the wild, the contributions of zoos in the United States and collaborations in South Africa (notably the late Professor Rudi van Aarde and the Conservation Ecology Research Unit at the University of Pretoria) were key in studying this method to ensure it worked, she points out.
Protecting chimpanzees
Genetic work with chimpanzees began about a decade ago. Hvilsom and her group at the Copenhagen Zoo analyzed DNA from nearly 1,000 fecal samples collected between 2003 and 2018 by a team of international researchers. The goal was to assess the status of the West African subspecies, which is critically endangered after rapid population declines. Of the four subspecies of chimpanzees, the West African subspecies is considered the most at-risk.
In total, the WWF estimates the numbers of chimpanzees inhabiting Africa’s forests and savannah woodlands at between 173,000 and 300,000. Poaching, disease and human-caused changes to their lands are their major risks.
By analyzing genetics obtained from fecal samples, Hvilsom estimated the chimpanzees’ population, ascertained their family relationships and mapped their migration routes.
“One of the threats is mining near the Nimba Mountains in Guinea,” a stronghold for the West African subspecies, Hvilsom says. The Nimba Mountains are a UNESCO World Heritage Site, but they are rich in iron ore, which is used to make the steel that is vital to the Asian construction boom. As she and colleagues wrote in a recent paper, “Many extractive industries are currently developing projects in chimpanzee habitat.”
Analyzing DNA allows researchers to identify individual chimpanzees more accurately than simply observing them, she says. Normally, field researchers would install cameras and manually inspect each picture to determine how many chimpanzees were in an area. But, Hvilsom says, “That’s very tricky. Chimpanzees move a lot and are fast, so it’s difficult to get clear pictures. Often, they find and destroy the cameras. Also, they live in large areas, so you need a lot of cameras.”
By analyzing genetics obtained from fecal samples, Hvilsom estimated the chimpanzees’ population, ascertained their family relationships and mapped their migration routes based upon DNA comparisons with other chimpanzee groups. The mining companies and builders are using this information to locate future roads where they won’t disrupt migration – a more effective solution than trying to build artificial corridors for wildlife.
“The current route cuts off communities of chimpanzees,” Hvilsom elaborates. That effectively prevents young adult chimps from joining other groups when the time comes, eventually reducing the currently-high levels of genetic diversity.
“The mining company helped pay for the genetics work,” Hvilsom says, “as part of its obligation to assess and monitor biodiversity and the effect of the mining in the area.”
Of 50 toucan subspecies, 11 are threatened or near-threatened with extinction because of deforestation and poaching.
Identifying toucan families
Feces aren't the only substance researchers draw DNA samples from. Jeffrey Coleman, a Ph.D. candidate at the University of Texas at Austin relies on blood tests for studying the genetic diversity of toucans---birds species native to Central America and nearby regions. They live in the jungles, where they hop among branches, snip fruit from trees, toss it in the air and catch it with their large beaks. “Toucans are beautiful, charismatic birds that are really important to the ecosystem,” says Coleman.
Of their 50 subspecies, 11 are threatened or near-threatened with extinction because of deforestation and poaching. “When people see these aesthetically pleasing birds, they’re motivated to care about conservation practices,” he points out.
Coleman works with the Dallas World Aquarium and its partner zoos to analyze DNA from blood draws, using it to identify which toucans are related and how closely. His goal is to use science to improve the genetic diversity among toucan offspring.
Specifically, he’s looking at sections of the genome of captive birds in which the nucleotides repeat multiple times, such as AGATAGATAGAT. Called microsatellites, these consecutively-repeating sections can be passed from parents to children, helping scientists identify parent-child and sibling-sibling relationships. “That allows you to make strategic decisions about how to pair (captive) individuals for mating...to avoid inbreeding,” Coleman says.
Jeffrey Coleman is studying the microsatellites inside the toucan genomes.
Courtesy Jeffrey Coleman
The alternative is to use a type of analysis that looks for a single DNA building block – a nucleotide – that differs in a given sequence. Called single nucleotide polymorphisms (SNPs, pronounced “snips”), they are very common and very accurate. Coleman says they are better than microsatellites for some uses. But scientists have already developed a large body of microsatellite data from multiple species, so microsatellites can shed more insights on relations.
Regardless of whether conservation programs use SNPs or microsatellites to guide captive breeding efforts, the goal is to help them build genetically diverse populations that eventually may supplement endangered populations in the wild. “The hope is that the ecosystem will be stable enough and that the populations (once reintroduced into the wild) will be able to survive and thrive,” says Coleman. History knows some good examples of captive breeding success.
The California condor, which had a total population of 27 in 1987, when the last wild birds were captured, is one of them. A captive breeding program boosted their numbers to 561 by the end of 2022. Of those, 347 of those are in the wild, according to the National Park Service.
Conservationists hope that their work on animals’ genetic diversity will help preserve and restore endangered species in captivity and the wild. DNA analysis is crucial to both types of efforts. The ability to apply genome sequencing to wildlife conservation brings a new level of accuracy that helps protect species and gives fresh insights that observation alone can’t provide.
“A lot of species are threatened,” Coleman says. “I hope this research will be a resource people can use to get more information on longer-term genealogies and different populations.”