Bertillonage in an Age of Surveillance: Fourth Amendment Regulation of Facial Recognition Technologies

摘要

We find ourselves at a cusp when it comes to facial recognition technologies. Once science fiction, these technologies have evolved rapidly in recent years, threatening to make the nightmares of George Orwell and Philip K. Dick a reality. The Fourth Amendment guarantees our security against those threats, but it is, after all, just words on a page. It is the solemn duty of constitutional actors in all three branches of our governments to breathe life into those words by giving effect to our birthright. This article has identified the challenges and has charted a path forward. It now falls to each of us and all of us citizens to take and demand action.