Sunday, September 23, 2012

OUR RIGHT TO BE ANONYMOUS: NEW CRIMINAL LAWS TO STOP THE USE OF FACIAL RECOGNITION SOFTWARE

Your Clearwater Criminal Defense Attorney dealt with facial recognition in a recent jury trial in Federal Court in the Middle District of Florida. In that quiet Tampa courtroom someone other than my client was identified thru facial recognition software as matching the perpetrator. 
The Government's main law enforcement witness disavowed facial recognition as he would any evidence inconsistent with guilt, testifying under oath in federal court that he "knew nothing about facial recognition," I'd have had no quibble with his sworn statement had he simply stopped speaking after the word nothing, but his knowledge of facial recognition was established in his written reports indicating something of a slavish devotion to the infallibility of the software. 

the right to be anonymous facial recognition is condemned by robert hambrick, clearwater defense lawyer in largo, tampa & st. petersburg
Did Vermeer use Facial Recognition?
One of the shames of the American Criminal Justice System is that it's neither unusual nor unexpected for law enforcement officers to conjure up vivid new memories for jurors. But moving on from perjury, one wonders how prevalent is facial recognition and what does it mean for our privacy rights as Americans?

Under fire from European regulators concerned about privacy rights Facebook today suspended its facial recognition software in Europe. Facebook has millions of photographs of individuals and Facebook's software can burrow deep thru the photos in search of identification markers. The software can also be used for photos taken from videos. Americans should demand that facial recognition be limited by criminal laws with punishments if private companies fail in safeguarding our privacy rights.
Privacy is evaporating as eavesdropping by electronic surveillance becomes a way of life in America and Europe.
All of us are subject to having our photos taken in public places and private places sometimes with our knowledge and approval and sometimes without our knowledge or with our disapproval such as videos taken from inappropriate police surveillance of stores and thanks to the Mayor of Tampa even secret surveillance videos while walking in Tampa. Criminal laws that apply to electronic surveillance should be modified to prohibit use of facial recognition.
While avoiding Tampa your Clearwater Criminal Lawyer  will search for a right not enumerated in the constitution, yet distinctly American - the right to remain anonymous, even as I type.