As part of a groundbreaking legal settlement, the Detroit Police Department has implemented new regulations that restrict its use of facial recognition technology.
Under these updated policies, the police are prohibited from making arrests based solely on the outcomes of facial recognition searches or on photo lineups that directly follow these searches. Additionally, photo lineups cannot rely exclusively on facial recognition; there must be supplementary evidence connecting a suspect to the alleged crime.
These regulations, which can be enforced by a court for the next four years, also mandate police training on the potential risks and drawbacks associated with facial recognition technology. Furthermore, an audit of all cases since 2017 that utilized facial recognition to secure arrest warrants will be conducted.
The lawsuit that prompted this settlement was filed by Roger Williams, a Black man who was wrongfully arrested after being identified through facial recognition. He was supported by attorneys from the American Civil Liberties Union (ACLU) and the Civil Rights Litigation Initiative at the University of Michigan Law School.
In announcing the settlement, the ACLU emphasized that it has established "the nation’s strongest police department policies and practices to limit law enforcement’s use of this high-risk technology." The organization highlighted that women and people of color are "significantly more susceptible to misidentification by facial recognition systems."
“With this challenging chapter in our lives coming to a close, my wife and I will continue to raise awareness about the perils of this technology,” Williams stated. He endured 30 hours in jail after being mistakenly identified as the individual captured on surveillance footage stealing five watches from a downtown Detroit store. His driver’s license photo matched a facial recognition search conducted from a database of mugshots and license images, and the security contractor reviewed agreed that he was the closest match, resulting in his apprehension.
Eventually, prosecutors dismissed the charges against him. The police department has also agreed to pay Williams $300,000 as part of this settlement.
In a statement, the police department expressed satisfaction with its collaboration with the ACLU and the University of Michigan over the past 18 months, affirming that it believes the new policy "will serve as a national best practice for other law enforcement agencies implementing this technology."
Notably, cities like San Francisco have already prohibited facial recognition use by law enforcement. Additionally, Microsoft has recently restricted police departments from employing its AI technology for facial recognition purposes.