Facial Recognition Technology and the Next Generation Identification System

Facial Recognition Technology requires a photographic camera combined with face recognition software. The software identifies human faces captured by the camera, and quantifies them using an algorithm. The algorithm measures “nodal points” on the face, such as the distance between the eyes, cheekbone shape, nose width, and jaw shape. The combination of the nodal points becomes a person’s “faceprint”. The Federal Bureau of Investigation (FBI) has announced that it will use Facial Recognition Technology in Continue Reading →

The Problem of Overbroad Technology Legislation

The charges Aaron Swartz faced may have caused his untimely death. Those closest to Aaron certainly believe so. His family, in a statement, decried the “intimidation and prosecutorial overreach” of the US Attorney’s Office. At the funeral, Aaron’s father remarkedthat his son had been “killed by the government.” On the other hand, it has been widely documented — perhaps no more poignantly than by Aaron, himself — that the young programmer had long suffered from depression. Regardless, we Continue Reading →

Forced Decryption and the 5th Amendment: Analytical Issues in the 11th Circuit’s Recent Decision

Last Thursday, the Wall Street Journal and Volokh Conspiracy reported that the Court of Appeals for the Eleventh Circuit recently decided that forcing a suspect to decrypt and provide a hard drive when the government did not already know what it contained violates the suspect’s Fifth Amendment protection against self-incrimination. While most of the Court’s analysis seems correct, I have a few problems with some parts of the analysis and have tried addressing these issues Continue Reading →