Facial recognition technology has been making headlines lately, and not for the right reasons. The potential for wrongful arrests and racial bias has been exposed, raising concerns about the impact of artificial intelligence (AI) on our justice system. One recent case highlights the alarming consequences of flawed algorithms and biased data sets.
Porcha Woodruff, a Black woman from Detroit, has filed a lawsuit against the City for false arrest, false imprisonment, and a violation of her Fourth Amendment rights. The Detroit Police Department used facial recognition software to apprehend Woodruff, who was suspected of carjacking. Shockingly, this arrest took place when she was eight months pregnant and in front of her two young children. Woodruff’s case is unfortunately not an isolated incident. The flawed and biased algorithms used in AI facial recognition often fail to accurately identify individuals with darker skin tones.
Compounding the problem is the lack of transparency and oversight regarding the use of this technology. There is no comprehensive tracking system in place to monitor how often facial recognition software is employed by law enforcement agencies. Nonetheless, a single provider has indicated that they have 3,100 law enforcement agencies as clients. It is clear that legislation needs to catch up with the rapid advancements in technology.
Thankfully, legislators around the country have begun to take notice and address the issues surrounding AI. In the 2023 legislative session, at least 25 states, along with Puerto Rico and the District of Columbia, introduced bills related to artificial intelligence. Additionally, 14 states and Puerto Rico have either adopted resolutions or enacted legislation to address these concerns. However, there is still much work to be done, especially in states like Wisconsin where AI rules have not been fully tackled.
The impact of AI extends beyond just the criminal justice system. It has the potential to influence our upcoming elections as well. Concerns have been raised about fake material in political ads, prompting the Federal Election Commission to seek public comment on the matter.
AI is undoubtedly the future, but it also has the power to exacerbate the problems of the past. In order to address the challenges associated with AI, it is crucial to establish a commission dedicated to investigating and mitigating the risks posed by facial recognition technology. Only by staying informed, promoting transparency, and regulating the use of AI can we ensure a fair and equitable future for all.
