Congress should require that law enforcement obtain a probable-cause warrant to access communications cloud service providers store.

To Do: Require Probable Cause to Access Communications Stored in the Cloud

To ensure the federal government does not waste tax dollars on ineffective or biased systems, Congress should direct GSA to work with NIST to set performance standards for facial recognition technology procured by the federal government.

To Do: Set Performance Standards for Federal Facial Recognition Technology

While there is more Congress can do to ensure government use of facial recognition is fair and reliable, recent calls for bans or moratoriums on law enforcement use of facial recognition are misguided and will only undercut efforts to make police agencies more efficient and effective in protecting local communities.

Statement to the House Committee on Oversight and Reform Regarding Facial Recognition and Civil Liberties

Given the innovation based on location data, policymakers should be wary of interfering, especially since current measures offer consumers sufficient protection, notice and choice.

Location Privacy Legislation is Move in Wrong Direction: Part 1 – User Notice and Choice

Congress should require all government agencies to implement contactless biometrics wherever feasible to reduce the potential spread of infections during a pandemic.

To Do: Make Agencies Use Contactless Biometrics

Congress should pass the “Protecting Data at the Border Act” to extend constitutional protections against unwarranted searches of digital devices to apply to travelers at border crossings.

To Do: Prevent Unwarranted Searches of Digital Devices at Border Crossings

Congress should pass legislation to create a national privacy framework that streamlines regulation, preempts state laws, establishes basic consumer data rights, and minimizes the impact on innovation.

To Do: Create a National Privacy Framework

Congress should not link the debate about honest uses of location data to domestic violence.

To Do: Require a Warrant to Track Individuals’ Movements

Recommendation

Details

Editors’ Recommendations

Testimony Before the House Oversight Committee on Commercial Use of Facial Recognition Technology

Related

To Do: Require Probable Cause to Access Communications Stored in the Cloud

To Do: Set Performance Standards for Federal Facial Recognition Technology

Statement to the House Committee on Oversight and Reform Regarding Facial Recognition and Civil Liberties