REGULATING FEDERAL LAW ENFORCEMENT’S USE OF FACIAL RECOGNITION TECHNOLOGY

This research examines optimal regulation allowing federal law enforcement to use facial recognition technology (FRT) while protecting civil liberties. Through a literature review, a comparative analysis of the European Union’s Law Enforcement Directive (LED), and a policy analysis for U.S. regulation it evaluates frameworks balancing effectiveness and proportionality. Findings show that comprehensive legislation upholding fairness, accountability, and purpose limitations, complemented by independent auditing and oversight, can enable public safety benefits while constraining unfettered use. However, flexibility is imperative; legal, ethical, and technical dimensions remain uncertain. The research concludes that nuanced, principled governance provides the most prudent path. The next steps involve ongoing stakeholder engagement, implementation planning, and impact evaluation to refine balanced oversight as case law, technology, and societal norms evolve. This analysis fills a gap by evaluating policy tradeoffs—equipping stakeholders with evidence to inform sound FRT governance. With adaptable oversight, facial recognition can be steered toward just ends.

Department dc:contributor.department

National Security Affairs (CHDS)

Grantor dc:publisher

Monterey, CA; Naval Postgraduate School

Year dc:date.issued

2023

Author dc:creator

• Patel, Sapan

Advisors dc:contributor.advisor

• Morag, Nadav
• Nieto-Gomez, Rodrigo

Statement dc:rights

• This publication is a work of the U.S. Government as defined in Title 17, United States Code, Section 101. Copyright protection is not available for this work in the United States.

Handle dc:identifier.uri

https://hdl.handle.net/10945/72587

OAI identifier oai:identifier

oai:calhoun.nps.edu:10945/72587