Biometrics, Surveillance and the Law

Biometrics, Surveillance and the Law

Author: Sara Smyth

Publisher: Routledge

Published: 2019-03-04

Total Pages: 276

ISBN-13: 0429663765

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The use of biometric identification systems is rapidly increasing across the world, owing to their potential to combat terrorism, fraud, corruption and other illegal activities. However, critics of the technology complain that the creation of an extensive central register of personal information controlled by the government will increase opportunities for the state to abuse citizens. There is also concern about the extent to which data about an individual is recorded and kept. This book reviews some of the most current and complex legal and ethical issues relating to the use of biometrics. Beginning with an overview of biometric systems, the book goes on to examine some of the theoretical underpinnings of the surveillance state, questioning whether these conceptual approaches are still relevant, particularly the integration of ubiquitous surveillance systems and devices. The book also analyses the implementation of the world’s largest biometric database, Aadhaar, in detail. Additionally, the identification of individuals at border checkpoints in the United States, Australia and the EU is explored, as well as the legal and ethical debates surrounding the use of biometrics regarding: the war on terror and the current refugee crisis; violations of international human rights law principles; and mobility and privacy rights. The book concludes by addressing the collection, use and disclosure of personal information by private-sector entities such as Axciom and Facebook, and government use of these tools to profile individuals. By examining the major legal and ethical issues surrounding the debate on this rapidly emerging technology, this book will appeal to students and scholars of law, criminology and surveillance studies, as well as law enforcement and criminal law practitioners.


Biometrics, Crime and Security

Biometrics, Crime and Security

Author: Marcus Smith

Publisher: Routledge

Published: 2018-01-31

Total Pages: 226

ISBN-13: 1351724029

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This book addresses the use of biometrics – including fingerprint identification, DNA identification and facial recognition – in the criminal justice system: balancing the need to ensure society is protected from harms, such as crime and terrorism, while also preserving individual rights. It offers a comprehensive discussion of biometric identification that includes a consideration of: basic scientific principles, their historical development, the perspectives of political philosophy, critical security and surveillance studies; but especially the relevant law, policy and regulatory issues. Developments in key jurisdictions where the technology has been implemented, including the United Kingdom, United States, Europe and Australia, are examined. This includes case studies relating to the implementation of new technology, policy, legislation, court judgements, and where available, empirical evaluations of the use of biometrics in criminal justice systems. Examples from non-western areas of the world are also considered. Accessibly written, this book will be of interest to undergraduate, postgraduate and research students, academic researchers, as well as professionals in government, security, legal and private sectors.


Our Biometric Future

Our Biometric Future

Author: Kelly A. Gates

Publisher: NYU Press

Published: 2011-01-23

Total Pages: 276

ISBN-13: 0814732798

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Since the 1960s, a significant effort has been underway to program computers to “see” the human face—to develop automated systems for identifying faces and distinguishing them from one another—commonly known as Facial Recognition Technology. While computer scientists are developing FRT in order to design more intelligent and interactive machines, businesses and states agencies view the technology as uniquely suited for “smart” surveillance—systems that automate the labor of monitoring in order to increase their efficacy and spread their reach. Tracking this technological pursuit, Our Biometric Future identifies FRT as a prime example of the failed technocratic approach to governance, where new technologies are pursued as shortsighted solutions to complex social problems. Culling news stories, press releases, policy statements, PR kits and other materials, Kelly Gates provides evidence that, instead of providing more security for more people, the pursuit of FRT is being driven by the priorities of corporations, law enforcement and state security agencies, all convinced of the technology’s necessity and unhindered by its complicated and potentially destructive social consequences. By focusing on the politics of developing and deploying these technologies, Our Biometric Future argues not for the inevitability of a particular technological future, but for its profound contingency and contestability.


America Identified

America Identified

Author: Lisa S. Nelson

Publisher: MIT Press

Published: 2010-11-12

Total Pages: 267

ISBN-13: 0262288753

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An examination of the public's perceptions of biometric identification technology in the context of privacy, security, and civil liberties. The use of biometric technology for identification has gone from Orwellian fantasy to everyday reality. This technology, which verifies or recognizes a person's identity based on physiological, anatomical, or behavioral patterns (including fingerprints, retina, handwriting, and keystrokes) has been deployed for such purposes as combating welfare fraud, screening airplane passengers, and identifying terrorists. The accompanying controversy has pitted those who praise the technology's accuracy and efficiency against advocates for privacy and civil liberties. In America Identified, Lisa Nelson investigates the complex public responses to biometric technology. She uses societal perceptions of this particular identification technology to explore the values, beliefs, and ideologies that influence public acceptance of technology. Drawing on her own extensive research with focus groups and a national survey, Nelson finds that considerations of privacy, anonymity, trust and confidence in institutions, and the legitimacy of paternalistic government interventions are extremely important to users and potential users of the technology. She examines the long history of government systems of identification and the controversies they have inspired; the effect of the information technology revolution and the events of September 11, 2001; the normative value of privacy (as opposed to its merely legal definition); the place of surveillance technologies in a civil society; trust in government and distrust in the expanded role of government; and the balance between the need for government to act to prevent harm and the possible threat to liberty in government's actions.


Biometric Identification, Law and Ethics

Biometric Identification, Law and Ethics

Author: Marcus Smith

Publisher: Springer

Published: 2021-12-11

Total Pages: 0

ISBN-13: 9783030902551

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This book is open access. This book undertakes a multifaceted and integrated examination of biometric identification, including the current state of the technology, how it is being used, the key ethical issues, and the implications for law and regulation. The five chapters examine the main forms of contemporary biometrics–fingerprint recognition, facial recognition and DNA identification– as well the integration of biometric data with other forms of personal data, analyses key ethical concepts in play, including privacy, individual autonomy, collective responsibility, and joint ownership rights, and proposes a raft of principles to guide the regulation of biometrics in liberal democracies. Biometric identification technology is developing rapidly and being implemented more widely, along with other forms of information technology. As products, services and communication moves online, digital identity and security is becoming more important. Biometric identification facilitates this transition. Citizens now use biometrics to access a smartphone or obtain a passport; law enforcement agencies use biometrics in association with CCTV to identify a terrorist in a crowd, or identify a suspect via their fingerprints or DNA; and companies use biometrics to identify their customers and employees. In some cases the use of biometrics is governed by law, in others the technology has developed and been implemented so quickly that, perhaps because it has been viewed as a valuable security enhancement, laws regulating its use have often not been updated to reflect new applications. However, the technology associated with biometrics raises significant ethical problems, including in relation to individual privacy, ownership of biometric data, dual use and, more generally, as is illustrated by the increasing use of biometrics in authoritarian states such as China, the potential for unregulated biometrics to undermine fundamental principles of liberal democracy. Resolving these ethical problems is a vital step towards more effective regulation.


Biometric Recognition

Biometric Recognition

Author: National Research Council

Publisher: National Academies Press

Published: 2010-12-12

Total Pages: 182

ISBN-13: 0309142075

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Biometric recognition-the automated recognition of individuals based on their behavioral and biological characteristic-is promoted as a way to help identify terrorists, provide better control of access to physical facilities and financial accounts, and increase the efficiency of access to services and their utilization. Biometric recognition has been applied to identification of criminals, patient tracking in medical informatics, and the personalization of social services, among other things. In spite of substantial effort, however, there remain unresolved questions about the effectiveness and management of systems for biometric recognition, as well as the appropriateness and societal impact of their use. Moreover, the general public has been exposed to biometrics largely as high-technology gadgets in spy thrillers or as fear-instilling instruments of state or corporate surveillance in speculative fiction. Now, as biometric technologies appear poised for broader use, increased concerns about national security and the tracking of individuals as they cross borders have caused passports, visas, and border-crossing records to be linked to biometric data. A focus on fighting insurgencies and terrorism has led to the military deployment of biometric tools to enable recognition of individuals as friend or foe. Commercially, finger-imaging sensors, whose cost and physical size have been reduced, now appear on many laptop personal computers, handheld devices, mobile phones, and other consumer devices. Biometric Recognition: Challenges and Opportunities addresses the issues surrounding broader implementation of this technology, making two main points: first, biometric recognition systems are incredibly complex, and need to be addressed as such. Second, biometric recognition is an inherently probabilistic endeavor. Consequently, even when the technology and the system in which it is embedded are behaving as designed, there is inevitable uncertainty and risk of error. This book elaborates on these themes in detail to provide policy makers, developers, and researchers a comprehensive assessment of biometric recognition that examines current capabilities, future possibilities, and the role of government in technology and system development.


Engaging Privacy and Information Technology in a Digital Age

Engaging Privacy and Information Technology in a Digital Age

Author: National Research Council

Publisher: National Academies Press

Published: 2007-06-28

Total Pages: 450

ISBN-13: 0309134005

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Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.


Monitoring Laws

Monitoring Laws

Author: Jake Goldenfein

Publisher: Cambridge University Press

Published: 2019-10-24

Total Pages: 199

ISBN-13: 110842662X

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Explores the historical origins and emerging technologies of government profiling and examines law's role in contemporary technological environments.


Biometric State

Biometric State

Author: Keith Breckenridge

Publisher: Cambridge University Press

Published: 2014-10-02

Total Pages: 265

ISBN-13: 1107077842

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A groundbreaking study of South Africa's role as a site for global experiments in biometric identification throughout the twentieth century.


Bio-Privacy

Bio-Privacy

Author: Nancy Yue Liu

Publisher: Routledge

Published: 2013-03

Total Pages: 285

ISBN-13: 1136638156

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Bio-Privacy: Privacy Regulations and the Challenge of Biometrics provides an in-depth consideration of the legal issues posed by the use of biometric technology. Focusing particularly on the relationship between the use of this technology and the protection of privacy, this book draws on material across a range of jurisdictions in order to explore several key questions. What are the privacy issues in the biometric context? How are these issues currently dealt with under the law? What principles are applied? Is the current regulation satisfactory? Is it applied consistently? And, more generally, what is the most appropriate way to deal with the legal implications of biometrics? Offering an analysis, and recommendations, with a view to securing adequate human rights and personal data protection, Bio-Privacy: Privacy Regulations and the Challenge of Biometrics will be an important reference point for those with interests in the tension between freedom and security.