Tuesday, November 21, 2023
Chair Eldridge, Chair Day, and Members of the Joint Committee on the Judiciary:
I am submitting testimony today on behalf of Progressive Massachusetts. We are a statewide, member-based grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic.
We are appreciative of the work that the Legislature did back in 2020 in passing police accountability legislation. But there is more work to be done, including stronger regulations around the use of facial recognition technology. In that light, we urge you to give a favorable report to H.1728 and S.927: An Act to implement the recommendations of the special commission on facial recognition technology.
After passing limited regulations for facial recognition technology in 2020 (due to opposition to stronger regulations from Governor Baker), the Legislature created a special commission to study and recommend a regulatory framework. That commission, made up of diverse stakeholders, met, held hearings, and researched and discussed the issue. And that commission—including the AGO, the State Police, the NAACP, the ACLU, and CPCS (among others)—agreed on a set of recommendations, reflected in this bill.
From past debates, I expect that you are familiar with the myriad problems posed by facial surveillance, with regard to both use (e.g., its track record of inaccuracy, especially in distinguishing between Black and Brown individuals—and the dangers that poses) and its susceptibility to abuse (e.g., the ease with which officers could take advantage of data for personal reasons having no relation to public safety).
The provision of this bill help to address those problems by doing the following:
- Requiring a warrant in order for police to conduct a facial recognition search—a necessary guardrail to protect privacy rights
- Centralizing the use of facial recognition at the State Police in order to curb the potential for misuse, abuse, and wrongful arrests
- Ensuring due process protections around the use of facial recognition technology in court cases
- Prohibiting mass surveillance and emotion analysis in order to forestall the dystopian futures already happening in places like Russia and China
We urge you to give a favorable report to H.1728 and S.927. When the Legislature creates a commission to do the hard work of studying an issue, and that commission puts forth reasoned recommendations, it should be incumbent upon the Legislature to advance them.
Thank you for your attention and consideration.
Sincerely,
Jonathan Cohn
Policy Director
Progressive Massachusetts