Recently, we ran a post about facial recognition technology and the possible consequences of that technology on civil liberties. We focused on facial recognition in mainland China, discussed the implications of the technology, talked about the protests in Hong Kong, and examined worrying trends in American life that might lead to the gradual development of a surveillance state. Today, we’ve got some promising news as well as more thoughts on surveillance technology and the law.

The promising news is a new law in California that blocks police from using facial recognition technology on their body cams. This follows a development in which San Francisco banned the government from acquiring facial recognition technology. As we discussed in the previous article, there are methods by which the police or the government could acquire facial recognition information by petitioning citizens who had the technology. Thankfully, that technology is vanishingly rare among everyday people.

Other promising developments include Google putting a hold on facial recognition technology they were developing for governments, and a facial recognition ban on body cams by one of the country’s biggest suppliers. These trends are positive, but vigilance remains essential. California, and San Francisco in particular, aren’t exactly bellwethers for the behavior we can expect to see throughout the rest of the country. California is a powerful economic engine, to be sure, but that doesn’t mean they can influence the politics of the rest of the states with ease, especially on matters of law and order.

As an attorney, what is your role in defending everyday citizens from this type of technology (assuming you, like me, are not in favor of surveillance states)? There are a few options at your disposal. The most obvious route is judicial - if your area of expertise has to do with rights, be they human rights, property rights or otherwise, take up cases in which you can assert that facial recognition technology has violated someone’s rights. Defense attorneys may be able to fight against the use of facial recognition in some cases as well so keep an eye out for relevant cases.

Those of you who can’t take this route should opt to use your influence in your community to put pressure on lawmakers to restrict or ban this type of technology. The voice of an attorney is often given special consideration, especially in legal matters and matters of civil rights. You might also join a political movement yourself, run for office or volunteer for politicians who want to limit the influence of facial recognition.

Have a case involving facial recognition technology, but not sure where to start? Conversely, are you specialized in civil rights but want to hold your cards close to your chest because you’re establishing a case against a branch of government? We can help. We’ll find a special appearance attorney who can either help with the facial recognition portion of the case or who can obscure your involvement in a case until the time is right.