·
19 year old boy is convicted of statutory rape
of a 14 year old girl
·
As part of his sentence, the judge rules that he
cannot have sex until he is married
·
Does this infringe on his constitutional rights?
·
Cruel and unusual punishment? Search and
seizure? Privacy on intimate relations?
Facial Recognition
·
Biometrics measure a physical or biological
trait that is unique to person such as fingerprints, handwriting, iris scans,
etc.
·
Identification vs Authentication
o
Identification- Trying to prove that the person
is who they say they are. Ex. Facial recognition
o
Authentication- A way to show that you are who
you say you are. Ex. Passwords on your computer
·
Next Generation Identification (NGI)
o
Fingerprints of criminals are uploaded on this
database
o
FBI wants to replace fingerprints with other
biometrics such as facial scans, iris scans, etc.
o
It would hold information of civilians not just
criminals
o
Utah among with 18 other states allows FBI to
access drivers license pictures
o
Body cameras take pictures of everyone
·
Statewide Information & Analysis Center
(SIAC)
o
The purpose is to give intelligence to law
enforcement to protect Utah citizens
o
Database where biometric information is
accumulated
·
Concerns related to facial recognition
o
Collection- When and how is it being used?
o
Storage- How long is it being used?
o
Usage- How is it used?
o
Access- Who can have access to the information?
o
Data Security- How secure is the information and
how confidential is it?
o
Accuracy- How well does this actually work? How
is it regulated?
o
Protections against “Big or little brother”- How
do we make sure we aren’t being tracked?
·
Collection issues
o
Warrant?
o
Regulations and rules on how information is
obtained?
o
Notice required?
o
Consent?
o
Is it continuous or just as needed?
o
Persons or places where collection is
categorically permitted or prohibited?
·
Retention and storage issues
o
Where is it stored?
o
How long is it retained?
o
Should there be mandated archiving/destruction
procedures?
·
Usage issues
o
Limited to purpose collected?
o
Forensic use?
o
Business purposes?
o
Usage only as a unique identifier?
o
Disclosure/transparency of uses?
·
Access rights
o
Who has access?
o
Why is it being accessed?
o
Subject access?
o
Collector access?
o
Government access?
o
Researchers access?
o
Third party access?
·
Accuracy error issues
o
Right to review or correct by subject?
o
Who pays for corrections?
·
Regulation/Compliance
o
Industry best practices of government
regulation?
o
Penalties for violation of practices?
o
Consumer notification requirement for
unauthorized access?
·
Protections against big brother & little
brother
Question of the week
·
Most of the class agreed that facial recognition
can only be used with consent
Case Studies
·
Case 1
o
Super bowl with facial recognition cameras
around perimeter
§
Group 1- Put a notice or sign. Implied consent
when purchasing ticket. Keep the footage
only for a month and only for security purposes. No selling it to adds and such. Only use it for security purposes.
§
Group 2- Give notice to attendees by printing
warning on ticket. Consent is implied.
Only kept for 24 hrs. Won’t sell
footage. Kept secure and only security personnel
have access.
§
Group 3- Giving noticed through signs, ticket,
and announcement. Consent is
implied. Information is kept for a
month. Security agencies can request
longer storage with reasonable cause.
Known convicts are flagged to be watched. Connected to law enforcement database.
·
Case 2
o
Beverage kiosk with facial recognition
§
Group 1- Intrusive and hesitant because of
social media access. How do you obtain
consent from non-frequent shoppers.
Social media is not necessary or useful.
Accuracy and protection of others privacy. Information from store is deleted right after
use. Data retention of company? Large
invasion of privacy for little gain. Consent on kiosk? Large privacy policy and
ways to opt out. Who has access to this
information? Companies have access to bulk data not individuals purchasing
patterns.
§
Group 2- Does it save pictures? How long is info
stored? Who has access? Parent company, store, or more access? Can users check their own profile? Does it
store private information like prescriptions and such. Do you lose benefits from opting out? How
accurate is scanner? Warnings and notice? Are customers able to give
feedback? Who is information shared
with?
§
Group 3- Consent is given by pushing a
button. Frequent shopper allows giving
access to what you want the kiosk to access.
Keeps information indefinitely. Track
coupon usage.
·
Groups full answers are posted on blog
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