WEBVTT - The National Facial Recognition Database

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<v Speaker 1>Get in text with technology with tech Stuff from how

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<v Speaker 1>stuff works dot com. Hey there, and welcome to text Stuff.

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<v Speaker 1>I'm your host Jonathan Strickland, senior writer with how stuff

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<v Speaker 1>works dot com, and today we're going to examine a

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<v Speaker 1>controversial topic, namely how law enforcement is using facial recognition

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<v Speaker 1>software and the problems that this raises. Now, before I

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<v Speaker 1>dive into the topic, I want to make a couple

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<v Speaker 1>of things very clear at the very beginning. First, is

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<v Speaker 1>I'm biased. I think the use of facial recognition software

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<v Speaker 1>is problematic even if you have regulations in place. But

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<v Speaker 1>I'm mostly talking about unregulated use because really we haven't

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<v Speaker 1>established the rules and policies to guide the use of

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<v Speaker 1>facial recognition software in a law enforcement context. So that's

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<v Speaker 1>problem No. One is. I have a very strong opinion

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<v Speaker 1>about this, and I'm not gonna shy away from that. Um,

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<v Speaker 1>it's really unjustifiable to have unregulated use of facial recognition

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<v Speaker 1>software in law enforcement contexts. So I want to make

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<v Speaker 1>that clear out of the gate, that I have this bias,

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<v Speaker 1>and if that's an issue, that's fair. But at least

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<v Speaker 1>I'm being honest, right, I'm not presenting this as if

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<v Speaker 1>it's completely objective, unbiased information. I own this. You don't

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<v Speaker 1>have to tell me. I know it already. Next, this

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<v Speaker 1>is largely going to be a US centric discussion so

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<v Speaker 1>that I can talk about details. But please know that

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<v Speaker 1>there are a lot of these types of systems all

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<v Speaker 1>over the world, not just in the United States, and

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<v Speaker 1>a lot of these places have similar issues to the

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<v Speaker 1>ones I'm gonna be talking about here in the US.

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<v Speaker 1>I'll just be focusing more on US stories to make

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<v Speaker 1>specific points because this is where I live, and now

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<v Speaker 1>to explain what I'm actually talking about here. So back

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<v Speaker 1>in the FBI undertook a project that cost more than

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<v Speaker 1>an estimated one point two billion dollars that's billion with

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<v Speaker 1>a B to replace what was called the Integrated Automated

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<v Speaker 1>Fingerprint System or I A f S. Have I only

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<v Speaker 1>been in place since nine and I've talked about fingerprints

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<v Speaker 1>in a previous episode. UM. The i F I a

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<v Speaker 1>f S was an attempt to create a A U

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<v Speaker 1>S Y database of fingerprint records so that if you

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<v Speaker 1>were investigating a crime and you had lifted some prints

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<v Speaker 1>from the crime, you could end up UH consulting this

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<v Speaker 1>database and see if there are any matches in place

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<v Speaker 1>to give you any leads on your investigation. The project

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<v Speaker 1>the FBI undertook was meant to vastly expand that capability

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<v Speaker 1>by adding a lot more data to the database, not

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<v Speaker 1>just fingerprints, but other stuff as well, and the news

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<v Speaker 1>system is called the Next Generation Identification or in g I.

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<v Speaker 1>It includes not just fingerprints, but other biographical data and

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<v Speaker 1>biometrics information, including face recognition technology. So a lot of

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<v Speaker 1>images are included in this particular database. So as part

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<v Speaker 1>of this project, the FBI incorporated the Interstate Photo System

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<v Speaker 1>or i p S, so you have n g I

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<v Speaker 1>dash ips that typically is how it's referred to now.

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<v Speaker 1>That system includes images from police cases as well as

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<v Speaker 1>photos from civil civic sources that are not necessarily related

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<v Speaker 1>to crimes. Not that's not the only way the FBI

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<v Speaker 1>can scan for a match of a photograph they've taken

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<v Speaker 1>that relates to a case in some way to this

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<v Speaker 1>massive database, But more on that in a little bit now.

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<v Speaker 1>The general process of searching for a match follows a

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<v Speaker 1>pretty simple pattern, although the details can be vastly different

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<v Speaker 1>depending upon what facial recognition software you are using at

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<v Speaker 1>the time. So you first start with an image related

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<v Speaker 1>to a case, and this is called the probe photo.

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<v Speaker 1>It is the one you are probing for lack of

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<v Speaker 1>a better term, You don't know the identity of the

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<v Speaker 1>person in the photograph, typically, or at least you might

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<v Speaker 1>have suspicions, but you don't necessarily know for sure. So

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<v Speaker 1>you've got a picture of an unknown person in this photograph.

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<v Speaker 1>You then scan that photo and you use facial recognition

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<v Speaker 1>software to analyze the picture and to try and find

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<v Speaker 1>a match in this larger database. It starts searching all

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<v Speaker 1>of the images in this database looking for any that

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<v Speaker 1>might be a potential match. Depending upon the system and

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<v Speaker 1>the policies that are in use, you could end up

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<v Speaker 1>with a single photo do returned to you. You could

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<v Speaker 1>end up with dozens of photos. So these would all

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<v Speaker 1>be potential matches with different degrees of certainty for a match.

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<v Speaker 1>You might remember in episodes I've talked about things like

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<v Speaker 1>IBM S Watson that would come up with answers to

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<v Speaker 1>a question and assign a value to each potential answer,

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<v Speaker 1>and the one that had the highest value, assuming it's

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<v Speaker 1>above a certain threshold, would be submitted as the answer.

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<v Speaker 1>So it's not so much that the computer quote unquote

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<v Speaker 1>knows it has a match. It suspects a match based

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<v Speaker 1>upon a certain percentage as long as it's over a

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<v Speaker 1>threshold of certainty, or you might end up with no

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<v Speaker 1>photos at all. If no match was found or nothing

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<v Speaker 1>ended up being above that threshold, the system might say,

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<v Speaker 1>I couldn't match this photo with anyone who's in the database.

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<v Speaker 1>A study performed by researchers at Georgetown University found that

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<v Speaker 1>one in every two American adults has their face captured

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<v Speaker 1>in an image database that is accessible by various law

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<v Speaker 1>enforcement agencies, including but not limited to, the i p S.

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<v Speaker 1>In fact, the i p S has a small number

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<v Speaker 1>of photos compared to the overall number represented by databases

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<v Speaker 1>across the US. Now, this involves agencies at all different levels, federal, state,

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<v Speaker 1>even tribal law for Native American uh tribes. That ends

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<v Speaker 1>up being about a hundred seventeen million people in these databases,

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<v Speaker 1>many of whom, in fact large personage of whom have

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<v Speaker 1>no criminal background whatsoever. Their images are also in these databases,

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<v Speaker 1>and this raises some big concerns about privacy and also accountability.

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<v Speaker 1>So in today's episode, we're going to explore how facial

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<v Speaker 1>recognition software works. As well as talk about the implement

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<v Speaker 1>implementation for law and forcement and the reaction to this technology,

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<v Speaker 1>and will probably listen to me get upset and a

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<v Speaker 1>little head up about the whole thing in general. All Right,

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<v Speaker 1>So first, before we leap into the mess of law enforcement,

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<v Speaker 1>because it is a mess, that's just a fact, let's

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<v Speaker 1>talk first about the technology itself. When did facial recognition

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<v Speaker 1>software get started and how does it work? Well, it's

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<v Speaker 1>related to computer vision, which is a subset of artificial

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<v Speaker 1>intelligence research. If you look at artificial intelligence, a lot

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<v Speaker 1>of people simplify that by meaning, oh, this is so

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<v Speaker 1>that you can teach computers how to think like people.

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<v Speaker 1>But that's actually a very specific definition of a very

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<v Speaker 1>specific type of artificial intelligence. When you really look at

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<v Speaker 1>a I and you break it out, and involves a

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<v Speaker 1>lot of subsets of abilities, and one of those is

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<v Speaker 1>the ability for machines to analyze imagery and be able

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<v Speaker 1>to determine what that imagery represent. In a way, you

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<v Speaker 1>could argue it's teaching computers how to understand pictures. It's

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<v Speaker 1>also really challenging, and this is one of the object

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<v Speaker 1>lessons that I use to teach people how artificial intelligence

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<v Speaker 1>is really tricky. It requires more than just pure processing power.

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<v Speaker 1>I mean, processing power is important, but you can't solve

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<v Speaker 1>all of AI's problems just by throwing more processors at it.

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<v Speaker 1>You have to figure out from a software level how

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<v Speaker 1>to leverage that processing power in a way that gives

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<v Speaker 1>computers this ability to identify stuff based upon imagery. So

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<v Speaker 1>a computer might be able to perform far more mathematical

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<v Speaker 1>operations per second than even the cleverest of humans, but

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<v Speaker 1>without the right software, they can't identify the picture of

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<v Speaker 1>a seagull compared to say, a semitruck. You have to

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<v Speaker 1>teach the computer how to do this. So let's say

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<v Speaker 1>you develop a program that can analyze an image and

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<v Speaker 1>breaking down into simple data to describe that image, and

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<v Speaker 1>then you essentially teach a computer what a coffee mug

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<v Speaker 1>looks like. You take a picture of a coffee mug,

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<v Speaker 1>you feed it to a computer, and you essentially say

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<v Speaker 1>this data represents a coffee mug. You then would have

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<v Speaker 1>to try and train the computer on what that actually means.

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<v Speaker 1>The computer does not now know what a coffee mug is.

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<v Speaker 1>It will recognize that specific mug in that specific orientation

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<v Speaker 1>under those specific lighting conditions, assuming that you've designed the

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<v Speaker 1>algorithm properly. But it's way more tricky than that. What

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<v Speaker 1>if in the image that you fed the computer, the

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<v Speaker 1>coffee mugs handle was facing to the left with respect

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<v Speaker 1>of the viewer, but in a future picture the handle

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<v Speaker 1>is off to the right instead of to the left,

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<v Speaker 1>or it's turned around so you can't see the hand

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<v Speaker 1>to at all. It's behind the coffee mug. What if

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<v Speaker 1>the mug is bigger or smaller, or a different shape,

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<v Speaker 1>what if it's a different color. Image recognition is tough

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<v Speaker 1>because computers don't immediately associate different objects within the same

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<v Speaker 1>category as being the same thing. So if you teach me, Jonathan,

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<v Speaker 1>what a coffee mug is, and you show me a

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<v Speaker 1>couple of different examples saying, this is a coffee mug,

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<v Speaker 1>but this is also a coffee mug, even though it's

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<v Speaker 1>a different size, and different shape and a different color,

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<v Speaker 1>I'll catch on pretty quickly and it won't take very

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<v Speaker 1>many coffee mugs for me to figure out. All Right,

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<v Speaker 1>I got the basic idea of what a coffee mug is.

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<v Speaker 1>I know what the concept of coffee mug is now,

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<v Speaker 1>but computers aren't like that. You have to feed them

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<v Speaker 1>thousands of images, both of coffee mugs and of not

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<v Speaker 1>coffee mugs, so that the computer starts to be able

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<v Speaker 1>to pick out the various features that are the say

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<v Speaker 1>it's of a coffee mug versus things that are not

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<v Speaker 1>related to being a coffee mug. It takes hours and

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<v Speaker 1>hours and hours of work of training these computers to

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<v Speaker 1>do it, so it's a non trivial task, and this

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<v Speaker 1>is true of all types of image recognition, including facial recognition. Now,

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<v Speaker 1>to get around that problem, you end up sending thousands,

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<v Speaker 1>countless thousands, millions maybe of images of what you're interested

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<v Speaker 1>in while you're training the computer. And the nice thing

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<v Speaker 1>is computers can process this information very very quickly, so

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<v Speaker 1>while it takes a lot, it doesn't take relatively that long.

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<v Speaker 1>It's not as laborious a process as it could be

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<v Speaker 1>if computers were slower at analyzing information. So you might

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<v Speaker 1>remember a story that kind of illustrates this point. Back

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<v Speaker 1>in two thousand twelve, there was a network of sixteen

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<v Speaker 1>thousand computers that analyzed ten million only in images, and

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<v Speaker 1>as a result, it could do the most important task

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<v Speaker 1>any computer connected to the Internet should be expected to do.

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<v Speaker 1>It could then identify cat videos because it now knew

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<v Speaker 1>what a cat was, or at least the features that

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<v Speaker 1>defined cat nous catness as in the essence of being

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<v Speaker 1>a cat, not a character from Hunger Games. Even then,

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<v Speaker 1>there were times when the computer would get it wrong.

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<v Speaker 1>Either it would not identify a cat as being a cat,

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<v Speaker 1>or it misidentify something else as being a cat because

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<v Speaker 1>its features were close enough to cat like for it

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<v Speaker 1>to fool the computer algorithm. A major breakthrough and facial

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<v Speaker 1>recognition algorithms happened way back in two thousand one. That's

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<v Speaker 1>when Paul Viola and Michael Jones unveiled an algorithm for

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<v Speaker 1>face detection, and it worked in real time, which meant

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<v Speaker 1>that it could recognize a face that it would appear

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<v Speaker 1>on a webcam. And but I recognize I mean it

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<v Speaker 1>recognized that it was a face. It didn't assign an

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<v Speaker 1>identity to the face. It didn't say, oh, that's Bob,

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<v Speaker 1>It said, oh, that is a face that is in

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<v Speaker 1>front of the webcam right now. Uh. The algorithm soon

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<v Speaker 1>found its way into open CV, which is an open

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<v Speaker 1>source computer vision framework, and the open source approach allowed

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<v Speaker 1>other programmers to dive into that code and to make

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<v Speaker 1>changes and improvements, and it helped a rapid prototyping of

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<v Speaker 1>facial recognition software to other computer scientists who helped advance

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<v Speaker 1>computer vision further. Where Bill Triggs and Novnique de Lal

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<v Speaker 1>who published the paper in two thousand five about the

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<v Speaker 1>histograms of oriented gradients. Now, that was an approach that

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<v Speaker 1>looked at gradient orientation in parts of an image, and

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<v Speaker 1>essentially it describes the process of viewing an image with

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<v Speaker 1>attention to edge directions and intensity gradients. That's a complicated

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<v Speaker 1>way of saying the technique looks at the totalitary t

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<v Speaker 1>of a person, and then a machine learning algorithm determines

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<v Speaker 1>whether or not that is actually a person or not

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<v Speaker 1>a person, and a bent later, computer scientists began pairing

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<v Speaker 1>computer vision algorithms with deep learning and convolutional neural networks

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<v Speaker 1>or CNNs. To go into this would require an episode

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<v Speaker 1>all by itself. Neural networks are fascinating, but they're also

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<v Speaker 1>pretty complicated, and I've got a whole lot of topics

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<v Speaker 1>to cover today, so we can't really dive into it.

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<v Speaker 1>You can think of an artificial neural network as designing

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<v Speaker 1>a computer system that processes information in a way that's

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<v Speaker 1>similar to the way our brains do. The computers are

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<v Speaker 1>not thinking, but they are able to process information in

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<v Speaker 1>a way that mimics how we process information, or a

0:14:42.040 --> 0:14:46.320
<v Speaker 1>close a semi close approximation thereof that's a really kind

0:14:46.320 --> 0:14:48.240
<v Speaker 1>of weak way of describing it. But again, to really

0:14:48.240 --> 0:14:54.600
<v Speaker 1>go into detail will require a full episode of by itself. Typically,

0:14:54.880 --> 0:14:59.440
<v Speaker 1>facial recognition software uses feature extraction to look for patterns

0:14:59.440 --> 0:15:02.920
<v Speaker 1>in an image relating to facial features. In other words,

0:15:02.920 --> 0:15:06.080
<v Speaker 1>it's searches for for features that resemble a face, the

0:15:06.240 --> 0:15:10.520
<v Speaker 1>elements you would expect to be present in a typical face,

0:15:10.960 --> 0:15:15.520
<v Speaker 1>so eyes, knows, a mouth, that would be major ones. Right.

0:15:15.800 --> 0:15:19.040
<v Speaker 1>Then the software starts to estimate the relationships between those

0:15:19.080 --> 0:15:23.360
<v Speaker 1>different elements. How wide are the eyes, how far apart

0:15:23.400 --> 0:15:25.320
<v Speaker 1>are they from each other, How white is the nose,

0:15:25.920 --> 0:15:28.920
<v Speaker 1>how long is the jawline, what shape are the cheap bones?

0:15:30.240 --> 0:15:34.680
<v Speaker 1>These sort of elements all play apart as points of data,

0:15:36.000 --> 0:15:40.520
<v Speaker 1>and different facial recognition software packages weight these features in

0:15:40.560 --> 0:15:44.080
<v Speaker 1>a different way. So it's it's not like I could

0:15:44.080 --> 0:15:47.640
<v Speaker 1>say all facial recognition software looks at these four points

0:15:47.640 --> 0:15:51.480
<v Speaker 1>of data as its primary source. It varies depending upon

0:15:51.520 --> 0:15:54.840
<v Speaker 1>the algorithm that's been designed by various companies. UH And

0:15:54.880 --> 0:15:56.560
<v Speaker 1>part of the problem that we're going to talk about

0:15:56.680 --> 0:16:00.800
<v Speaker 1>is that law enforcement across the United States, they're not

0:16:00.880 --> 0:16:05.920
<v Speaker 1>relying on a single facial recognition software approach. Different agencies

0:16:06.000 --> 0:16:10.400
<v Speaker 1>have different vendors that they work with, So just because

0:16:10.480 --> 0:16:14.280
<v Speaker 1>one might work very well doesn't necessarily mean it's competitors

0:16:14.320 --> 0:16:17.920
<v Speaker 1>work just as well. And that's part of the problem. Now,

0:16:18.040 --> 0:16:20.680
<v Speaker 1>all of these little points of data I'm talking about,

0:16:20.720 --> 0:16:24.080
<v Speaker 1>these nodal points and how they relate to one another,

0:16:24.200 --> 0:16:28.160
<v Speaker 1>all of that gets boiled down into a numeric code

0:16:28.840 --> 0:16:31.600
<v Speaker 1>that you could think of as a face print. This

0:16:31.720 --> 0:16:34.520
<v Speaker 1>is supposed to be a representation of the unique set

0:16:34.520 --> 0:16:39.640
<v Speaker 1>of data that is a compilation of all of these

0:16:39.640 --> 0:16:47.680
<v Speaker 1>different points boiled down into numeric information itself. Then what

0:16:47.760 --> 0:16:51.520
<v Speaker 1>you would do is you would have a database of faces.

0:16:52.560 --> 0:16:54.520
<v Speaker 1>So if you want to find a match, you would

0:16:54.560 --> 0:16:58.479
<v Speaker 1>feed the image you have, the probe image into this database,

0:16:58.920 --> 0:17:02.080
<v Speaker 1>and the facial recognition software would analyze the probe photo.

0:17:02.760 --> 0:17:05.680
<v Speaker 1>It would end up assigning this numeric value and would

0:17:05.720 --> 0:17:08.960
<v Speaker 1>start looking through the database for other numeric values that

0:17:09.040 --> 0:17:12.800
<v Speaker 1>were as similar to that probe one as possible, and

0:17:12.920 --> 0:17:19.119
<v Speaker 1>start returning those images as potential matches or candidates. They

0:17:19.160 --> 0:17:23.200
<v Speaker 1>tend to use the word candidate photos. Otherwise you'll either

0:17:23.240 --> 0:17:25.520
<v Speaker 1>get no match at all or you get a false positive.

0:17:25.760 --> 0:17:28.000
<v Speaker 1>You will end up getting an image of someone who

0:17:28.040 --> 0:17:32.600
<v Speaker 1>looks like the person whose image you submitted, but is

0:17:32.720 --> 0:17:36.919
<v Speaker 1>not the same person. That does happen, and that's the

0:17:36.960 --> 0:17:41.040
<v Speaker 1>basic way that facial recognition software works. But keep in mind,

0:17:41.040 --> 0:17:44.240
<v Speaker 1>different vendors use all their own specific approaches, like I said,

0:17:44.760 --> 0:17:47.480
<v Speaker 1>and some could be less accurate than others. Some might

0:17:47.520 --> 0:17:51.159
<v Speaker 1>be accurate for specific ethnicities and not as accurate as

0:17:51.200 --> 0:17:57.400
<v Speaker 1>other ones. That's a huge problem. So it gets complicated.

0:17:57.960 --> 0:18:01.040
<v Speaker 1>Even when I'm talking in more general terms, you have

0:18:01.080 --> 0:18:05.120
<v Speaker 1>to remember that there are a lot of specific UH

0:18:05.359 --> 0:18:11.720
<v Speaker 1>incidents and specific implementations of facial recognition software that have

0:18:11.880 --> 0:18:15.119
<v Speaker 1>their own issues. So I'm gonna be as general as

0:18:15.160 --> 0:18:17.160
<v Speaker 1>I can. I'm not going to call out any particular

0:18:17.200 --> 0:18:21.119
<v Speaker 1>facial recognition software vendors out there. I'm more going to

0:18:21.160 --> 0:18:25.320
<v Speaker 1>talk about the overall issues that various organizations have had

0:18:25.359 --> 0:18:29.960
<v Speaker 1>as they've looked into this topic. Now, there are plenty

0:18:30.000 --> 0:18:32.600
<v Speaker 1>of applications for facial recognition that have nothing to do

0:18:32.640 --> 0:18:35.640
<v Speaker 1>with identifying a person. I mentioned that earlier that there

0:18:35.720 --> 0:18:38.040
<v Speaker 1>was the one for a webcam that could identify when

0:18:38.040 --> 0:18:40.160
<v Speaker 1>a face was in front of the webcam. This wasn't

0:18:40.200 --> 0:18:42.960
<v Speaker 1>to identify anybody. It was again just to say, yes,

0:18:43.040 --> 0:18:46.359
<v Speaker 1>there's somebody looking into the webcam at this moment, which

0:18:46.359 --> 0:18:48.800
<v Speaker 1>by itself can be useful and have nothing to do

0:18:48.880 --> 0:18:52.680
<v Speaker 1>with identification. There are plenty of digital cameras out there

0:18:52.760 --> 0:18:57.359
<v Speaker 1>and and camera phone apps that can identify when there's

0:18:57.400 --> 0:19:01.240
<v Speaker 1>a face looking at the camera. Again, it's not necessarily

0:19:01.280 --> 0:19:03.760
<v Speaker 1>to identify that person, but rather to say, oh, well,

0:19:03.960 --> 0:19:07.120
<v Speaker 1>this is a face. The camera is most likely trying

0:19:07.119 --> 0:19:09.760
<v Speaker 1>to focus on this person, so let's make this person

0:19:09.840 --> 0:19:12.840
<v Speaker 1>the point of focus and not focus on something in

0:19:12.840 --> 0:19:16.399
<v Speaker 1>the background like a tree that's fifty yards back. Instead,

0:19:16.440 --> 0:19:19.520
<v Speaker 1>let's focus on the person who's in the foreground. So

0:19:19.520 --> 0:19:24.800
<v Speaker 1>that's pretty handy, and again there's nothing particularly problematic from

0:19:24.840 --> 0:19:27.560
<v Speaker 1>an identification standpoint, because that's not the purpose of it.

0:19:29.400 --> 0:19:33.159
<v Speaker 1>But then you also have other implementations, like on social media,

0:19:33.480 --> 0:19:36.520
<v Speaker 1>which allow you to do things like tag people based

0:19:36.600 --> 0:19:41.080
<v Speaker 1>upon a an algorithm recognizing a person. So Facebook is

0:19:41.240 --> 0:19:43.480
<v Speaker 1>a great example of this. Right, if you upload a

0:19:43.520 --> 0:19:47.040
<v Speaker 1>picture of one of your Facebook friends onto Facebook. Chances

0:19:47.040 --> 0:19:49.720
<v Speaker 1>are it's giving you a suggestion to tag that photo

0:19:50.240 --> 0:19:54.040
<v Speaker 1>with the specific person in mind. That may not be

0:19:54.520 --> 0:19:58.679
<v Speaker 1>that problematic either, depending upon how your friend feels about

0:19:58.760 --> 0:20:03.159
<v Speaker 1>pictures being uploaded to Facebook. Some people are very um

0:20:03.200 --> 0:20:06.800
<v Speaker 1>cautious about that, And of course you know, I always

0:20:06.800 --> 0:20:09.760
<v Speaker 1>recommend you talk to anybody before you start tagging folks

0:20:10.240 --> 0:20:13.440
<v Speaker 1>on Facebook photos, just to make sure they're fine with it. Um.

0:20:13.480 --> 0:20:15.320
<v Speaker 1>I say that as a person who has done it,

0:20:15.840 --> 0:20:18.120
<v Speaker 1>and then notice that some of my tags got removed

0:20:18.160 --> 0:20:21.199
<v Speaker 1>by the people I tagged later on, which taught me

0:20:21.400 --> 0:20:26.359
<v Speaker 1>I should probably ask first, rather than give them the

0:20:26.400 --> 0:20:28.240
<v Speaker 1>feeling that they need to go and remove a tag

0:20:28.359 --> 0:20:33.400
<v Speaker 1>or two. We've also seen examples of this simple implementation

0:20:33.440 --> 0:20:38.800
<v Speaker 1>of facial recognition going awry. Google's street View will blur

0:20:38.880 --> 0:20:42.360
<v Speaker 1>out faces, for example, in an effort to protect people's

0:20:42.400 --> 0:20:46.520
<v Speaker 1>identity while street view cars are out and about taking images.

0:20:46.920 --> 0:20:49.359
<v Speaker 1>This makes sense. Let's let's say that you are in

0:20:49.400 --> 0:20:52.000
<v Speaker 1>a part of town that you normally would not be in.

0:20:52.119 --> 0:20:55.080
<v Speaker 1>For whatever reason, you might not want your picture to

0:20:55.200 --> 0:20:58.560
<v Speaker 1>be included on Google street View, so that whenever anyone

0:20:58.640 --> 0:21:01.480
<v Speaker 1>looks at that street for that point forward. They see

0:21:01.520 --> 0:21:05.080
<v Speaker 1>your face on there, you know, coming out of uh,

0:21:05.200 --> 0:21:08.680
<v Speaker 1>I don't know, a Windy's. Maybe you are a manager

0:21:08.760 --> 0:21:12.919
<v Speaker 1>for Burger King that would look bad, or you know,

0:21:13.440 --> 0:21:16.520
<v Speaker 1>lots of other reasons that obviously can spring to mind

0:21:16.560 --> 0:21:20.639
<v Speaker 1>as well. You don't want to violate someone's privacy. But

0:21:21.600 --> 0:21:24.679
<v Speaker 1>Google StreetView would also blur out images that were not

0:21:24.800 --> 0:21:28.720
<v Speaker 1>real people faces, like images on billboards or murals. Sometimes

0:21:28.720 --> 0:21:31.119
<v Speaker 1>if it had a person's face on a mural, the

0:21:31.160 --> 0:21:32.840
<v Speaker 1>face would be blurred out, even though it's not a

0:21:32.840 --> 0:21:38.000
<v Speaker 1>real person, it's just a painting. Or In September, Set

0:21:38.080 --> 0:21:40.800
<v Speaker 1>reported on an incident in which Google street View blurred

0:21:40.800 --> 0:21:44.080
<v Speaker 1>out the face of a cow. So Google was being

0:21:44.240 --> 0:21:49.879
<v Speaker 1>very thoughtful to protect that cow's privacy. But what about

0:21:50.720 --> 0:21:55.160
<v Speaker 1>matching faces to identities? So in some cases, again seemingly

0:21:55.200 --> 0:21:58.240
<v Speaker 1>harmless if you want to tag your friends, but when

0:21:58.280 --> 0:22:00.600
<v Speaker 1>it comes to law enforcement, things get a bit sticky,

0:22:01.080 --> 0:22:03.960
<v Speaker 1>particularly as you learn more about the specifics. And we'll

0:22:04.000 --> 0:22:07.240
<v Speaker 1>talk about that in just a second, but first let's

0:22:07.280 --> 0:22:17.679
<v Speaker 1>take a quick break to thank our sponsor. All right,

0:22:17.760 --> 0:22:22.520
<v Speaker 1>let's first start with the FBI's Interstate Photos System or

0:22:22.560 --> 0:22:26.000
<v Speaker 1>i p S, because this one has perhaps the least

0:22:26.119 --> 0:22:29.800
<v Speaker 1>controversial elements to it. When you really look at it,

0:22:29.800 --> 0:22:33.280
<v Speaker 1>it's still problematic, but not nearly as much as the

0:22:33.440 --> 0:22:38.760
<v Speaker 1>larger picture. The system contains both images from criminal cases

0:22:39.800 --> 0:22:43.280
<v Speaker 1>like mug shots UH and things of that nature, but

0:22:43.359 --> 0:22:47.760
<v Speaker 1>it also includes some photos from civil sources like UH,

0:22:48.040 --> 0:22:51.560
<v Speaker 1>like I D applications, that kind of thing. When the

0:22:51.600 --> 0:22:55.159
<v Speaker 1>Government Accountability Office or g a O, there's gonna be

0:22:55.200 --> 0:22:59.000
<v Speaker 1>a lot of acronyms and initializations are initialisms, I should

0:22:59.040 --> 0:23:01.320
<v Speaker 1>say in this episodes, so I apologize for that. But

0:23:01.720 --> 0:23:06.000
<v Speaker 1>Government Accountability Office they did a study on this matter

0:23:06.840 --> 0:23:11.240
<v Speaker 1>just in sten So not that long ago. They published

0:23:11.240 --> 0:23:15.040
<v Speaker 1>its report on facial recognition software use among law enforcements,

0:23:15.080 --> 0:23:19.479
<v Speaker 1>specifically the FBI because they're a federal agency, so they

0:23:19.520 --> 0:23:24.240
<v Speaker 1>were concerned with the federal use of this. The database

0:23:24.560 --> 0:23:27.800
<v Speaker 1>contained about thirty million photos at the time of the

0:23:27.880 --> 0:23:31.439
<v Speaker 1>g a O study, so thirty million pictures are in

0:23:31.480 --> 0:23:35.960
<v Speaker 1>this database. Most of those images came from eighteen thousand

0:23:36.240 --> 0:23:40.639
<v Speaker 1>different law enforcement agencies at all levels of government, that

0:23:40.680 --> 0:23:46.240
<v Speaker 1>includes the tribal law enforcement offices. About sevent of all

0:23:46.280 --> 0:23:50.120
<v Speaker 1>the photos and the database were mug shots. UH. More

0:23:50.160 --> 0:23:53.879
<v Speaker 1>than eighty percent of the photos in that database are

0:23:53.960 --> 0:23:58.040
<v Speaker 1>from criminal cases, so that means that less than twenty

0:23:58.600 --> 0:24:03.880
<v Speaker 1>were from civil sources. In addition to that, there were

0:24:03.920 --> 0:24:07.800
<v Speaker 1>some cases, plenty of them, where the database had images

0:24:08.160 --> 0:24:11.760
<v Speaker 1>of people both from a civil source and from a

0:24:11.760 --> 0:24:16.720
<v Speaker 1>criminal source. So I'll give you a theoretical example. Let's

0:24:16.720 --> 0:24:20.840
<v Speaker 1>say that sometime in the past, UH, I got nabbed

0:24:20.880 --> 0:24:26.000
<v Speaker 1>by the cops for for grand theft auto because I

0:24:26.080 --> 0:24:29.080
<v Speaker 1>play that game. But let's say that I stole a car,

0:24:29.240 --> 0:24:33.000
<v Speaker 1>which we already know is a complete fabrication because I

0:24:33.040 --> 0:24:35.120
<v Speaker 1>don't even drive. But let's say I stole a car

0:24:35.480 --> 0:24:39.080
<v Speaker 1>and that I had moved the car across state lines.

0:24:39.640 --> 0:24:45.000
<v Speaker 1>It became a federal case. Therefore, my criminal information is included.

0:24:45.040 --> 0:24:49.639
<v Speaker 1>My mug shot would be included in this particular database. UH.

0:24:50.359 --> 0:24:55.600
<v Speaker 1>On a related note, my I d also is in

0:24:55.640 --> 0:24:59.240
<v Speaker 1>that database as a civil UH image, not as a

0:24:59.240 --> 0:25:02.600
<v Speaker 1>criminal image. Well, in my case, they would tie those

0:25:02.600 --> 0:25:06.919
<v Speaker 1>two images together because they refer to the same person

0:25:07.160 --> 0:25:10.880
<v Speaker 1>and I had been involved in a criminal act. So

0:25:11.200 --> 0:25:13.720
<v Speaker 1>while I would have an image in there from a

0:25:13.800 --> 0:25:17.280
<v Speaker 1>civil source, it would be filed under the criminal side

0:25:17.280 --> 0:25:19.680
<v Speaker 1>of things. This is important when we get to how

0:25:19.800 --> 0:25:24.600
<v Speaker 1>the probes work. Now let's say you have been perfectly

0:25:25.000 --> 0:25:28.359
<v Speaker 1>law abiding this whole time, and that your I D

0:25:29.600 --> 0:25:32.320
<v Speaker 1>is also in this database, but it's just under the

0:25:32.440 --> 0:25:35.760
<v Speaker 1>civil side of things. Since you don't have any criminal background,

0:25:36.400 --> 0:25:40.200
<v Speaker 1>it's not connected to anything on the criminal side. So

0:25:40.280 --> 0:25:43.240
<v Speaker 1>when it comes to probes using the i p S,

0:25:43.920 --> 0:25:49.120
<v Speaker 1>your information will not be referenced. Because the FBI policy

0:25:49.720 --> 0:25:53.359
<v Speaker 1>is when it's running these these potential matches with a

0:25:53.359 --> 0:25:56.000
<v Speaker 1>photo that's been gathered as part of the evidence for

0:25:56.080 --> 0:26:00.800
<v Speaker 1>an ongoing investigation, they can only consult the criminal side,

0:26:01.160 --> 0:26:05.080
<v Speaker 1>not the civil side, with the exception of any civil

0:26:05.160 --> 0:26:08.240
<v Speaker 1>photos that are connected to a criminal case, as in

0:26:08.359 --> 0:26:13.040
<v Speaker 1>my example, those are fair game. So it might run

0:26:13.040 --> 0:26:15.399
<v Speaker 1>a match and it turns out that my photo for

0:26:15.520 --> 0:26:20.360
<v Speaker 1>my state given identification card is a better match than

0:26:20.400 --> 0:26:24.480
<v Speaker 1>the mugshot is. That's gonna be fine, because those two

0:26:24.520 --> 0:26:26.679
<v Speaker 1>things were both attached to a criminal file in the

0:26:26.720 --> 0:26:29.679
<v Speaker 1>first place. But let's say that it would have matched

0:26:29.760 --> 0:26:32.920
<v Speaker 1>up against you since you didn't have a criminal background,

0:26:33.160 --> 0:26:35.879
<v Speaker 1>and since the only record in there was a civil source,

0:26:36.840 --> 0:26:39.919
<v Speaker 1>the match would completely skip over you. It wouldn't return

0:26:39.960 --> 0:26:44.080
<v Speaker 1>your picture because your image is off limits in that

0:26:44.280 --> 0:26:50.480
<v Speaker 1>particular use. Very important because it's an effort to try

0:26:50.680 --> 0:26:56.320
<v Speaker 1>and make sure this facial recognition technology is focusing just

0:26:56.520 --> 0:27:03.359
<v Speaker 1>on the criminal side, not putting law abiding citizens in

0:27:03.480 --> 0:27:09.439
<v Speaker 1>danger of being pulled up in a virtual lineup, at

0:27:09.520 --> 0:27:13.600
<v Speaker 1>least not using that approach. That's the problem is that

0:27:13.600 --> 0:27:16.120
<v Speaker 1>that's not the only way the FBI runs searches. In fact,

0:27:16.160 --> 0:27:18.960
<v Speaker 1>that might not be the primary way the FBI runs

0:27:19.040 --> 0:27:22.240
<v Speaker 1>searches when they're looking for a match to a photo

0:27:22.840 --> 0:27:26.960
<v Speaker 1>that was taken as part of evidence gathering in pursuing

0:27:26.960 --> 0:27:32.320
<v Speaker 1>a case. But let's say that you are an FBI

0:27:32.400 --> 0:27:35.840
<v Speaker 1>agent and you've got a photo, a probe photo, and

0:27:35.920 --> 0:27:38.560
<v Speaker 1>you want to run it for a match. What's the procedure.

0:27:39.720 --> 0:27:42.200
<v Speaker 1>You would send off your request to the n g

0:27:42.440 --> 0:27:46.440
<v Speaker 1>I dash Ips Department, and you would have to indicate

0:27:46.480 --> 0:27:50.800
<v Speaker 1>how many potential photographs you want back, how many candidates

0:27:51.440 --> 0:27:56.200
<v Speaker 1>do you want. You can choose between two candidate photos

0:27:56.560 --> 0:28:00.720
<v Speaker 1>and fifty candidate photos. These are photos of different individuals,

0:28:00.800 --> 0:28:03.280
<v Speaker 1>by the way, not just here's here's a picture of

0:28:03.359 --> 0:28:05.560
<v Speaker 1>Jonathan on the beach. Here's a picture of Jonathan in

0:28:05.600 --> 0:28:09.320
<v Speaker 1>the woods. No, it's more like, here's a picture of Jonathan.

0:28:09.480 --> 0:28:11.399
<v Speaker 1>Here's a picture of a person who's not Jonathan but

0:28:11.440 --> 0:28:14.879
<v Speaker 1>also kind of matches this particular probe photo you advent

0:28:15.000 --> 0:28:19.000
<v Speaker 1>you you submitted, and here are forty eight others. The

0:28:19.080 --> 0:28:22.320
<v Speaker 1>default is twenty, so if you don't change the default

0:28:22.320 --> 0:28:25.919
<v Speaker 1>at all, you will get back twenty images. Uh that

0:28:25.960 --> 0:28:30.760
<v Speaker 1>our potential candidates matching your probe photo, assuming that any

0:28:30.800 --> 0:28:34.040
<v Speaker 1>are found at all. It is possible that you submit

0:28:34.080 --> 0:28:36.679
<v Speaker 1>a probe photo and the system doesn't find any matches

0:28:36.720 --> 0:28:39.760
<v Speaker 1>at all, in which case you'll just get a null. Uh,

0:28:39.960 --> 0:28:43.520
<v Speaker 1>you might get less than what you asked for if

0:28:44.520 --> 0:28:49.080
<v Speaker 1>only a few had met the threshold for reliability. Now

0:28:49.200 --> 0:28:54.959
<v Speaker 1>we call them candidate photos because you're supposed to acknowledge

0:28:55.000 --> 0:28:58.480
<v Speaker 1>the fact that these are meant to help you pursue

0:28:58.520 --> 0:29:01.680
<v Speaker 1>a lead of inquiry. In a case, it is not

0:29:01.840 --> 0:29:09.040
<v Speaker 1>meant to be a source of positive identification of a suspect. So,

0:29:09.080 --> 0:29:13.160
<v Speaker 1>in other words, you shouldn't run a facial recognition software probe,

0:29:13.920 --> 0:29:16.760
<v Speaker 1>get a result back and say that's our guy, let's

0:29:16.800 --> 0:29:19.960
<v Speaker 1>go pick them up. That's not enough. It's meant to

0:29:20.000 --> 0:29:25.400
<v Speaker 1>be the start of a line of inquiry, and uh,

0:29:25.520 --> 0:29:27.200
<v Speaker 1>whether or not it gets used that way all the

0:29:27.240 --> 0:29:30.200
<v Speaker 1>time is another matter. But the purpose of calling it

0:29:30.280 --> 0:29:34.360
<v Speaker 1>candidate photo is to remind everyone this is not meant

0:29:34.400 --> 0:29:40.600
<v Speaker 1>to be proof of someone's guilt or innocence. The FBI

0:29:40.680 --> 0:29:44.600
<v Speaker 1>also allows certain state authorities to use this same database,

0:29:44.960 --> 0:29:50.040
<v Speaker 1>and different agencies have different preferences. So in the g

0:29:50.200 --> 0:29:52.880
<v Speaker 1>a O report that I talked about earlier, the authors

0:29:52.880 --> 0:29:57.000
<v Speaker 1>noted that law enforcement officials from Michigan, for example, would

0:29:57.040 --> 0:30:00.200
<v Speaker 1>always ask for the maximum number of candidate photo is,

0:30:00.480 --> 0:30:04.200
<v Speaker 1>particularly when they'd use probe images that were of low quality.

0:30:05.160 --> 0:30:08.280
<v Speaker 1>So let's say you've got a picture captured from the

0:30:08.320 --> 0:30:11.720
<v Speaker 1>security camera and the lighting is pretty bad and perhaps

0:30:11.720 --> 0:30:14.760
<v Speaker 1>the person wasn't facing dead on into the camera. You

0:30:14.840 --> 0:30:17.480
<v Speaker 1>might ask for the maximum number of candidate photos to

0:30:17.560 --> 0:30:21.600
<v Speaker 1>read returned to you, knowing that the image you submitted

0:30:21.720 --> 0:30:27.560
<v Speaker 1>was low quality and therefore any match is only potentially

0:30:27.640 --> 0:30:32.440
<v Speaker 1>going to be the person you're actually looking for. And again,

0:30:32.920 --> 0:30:35.880
<v Speaker 1>this is all just to help you with the beginning

0:30:35.880 --> 0:30:39.120
<v Speaker 1>of your investigation. It's not meant to be the that's

0:30:39.160 --> 0:30:44.280
<v Speaker 1>our guy moment that you would see and say, uh,

0:30:44.480 --> 0:30:48.600
<v Speaker 1>police procedural that would appear on network television in prime time.

0:30:50.080 --> 0:30:52.960
<v Speaker 1>The FBI also has a policy and that all returned

0:30:53.040 --> 0:30:58.240
<v Speaker 1>candidate photos must first be analyzed by human specialists before

0:30:58.320 --> 0:31:02.680
<v Speaker 1>being passed on to other law enforcement agencies. Up to

0:31:02.840 --> 0:31:05.680
<v Speaker 1>that point, the entire process is automatic, so you don't

0:31:05.720 --> 0:31:10.000
<v Speaker 1>have people overseeing the process once it's probing all of

0:31:10.040 --> 0:31:14.040
<v Speaker 1>the database. But once the results come in, human analysts

0:31:14.040 --> 0:31:16.200
<v Speaker 1>who are supposed to be trained in this sort of

0:31:16.240 --> 0:31:19.400
<v Speaker 1>thing are supposed to look at each of those returned

0:31:19.520 --> 0:31:22.640
<v Speaker 1>candidates and determine if whether or not they really do

0:31:23.680 --> 0:31:27.320
<v Speaker 1>resemble the person in the probe photo that was submitted

0:31:27.360 --> 0:31:29.120
<v Speaker 1>in the first place, and if they're not, they are

0:31:29.160 --> 0:31:33.440
<v Speaker 1>not supposed to be passed on any further down the chain. Now,

0:31:33.480 --> 0:31:37.600
<v Speaker 1>so far, this probably doesn't sound too problematic. The FBI

0:31:37.680 --> 0:31:40.760
<v Speaker 1>has a database containing both criminal and civil photographs, but

0:31:40.800 --> 0:31:42.800
<v Speaker 1>when it runs a probe, it can only use the

0:31:42.800 --> 0:31:45.400
<v Speaker 1>criminal photos or the civil ones that are attached to

0:31:45.440 --> 0:31:49.000
<v Speaker 1>criminal files. Candidate photos are supposed to only be used

0:31:49.000 --> 0:31:51.600
<v Speaker 1>to help start a line of inquiry, not to positively

0:31:51.600 --> 0:31:54.800
<v Speaker 1>identify suspects, and everything has to be reviewed by a

0:31:54.840 --> 0:31:58.920
<v Speaker 1>human being. That sounds fairly reasonable. But even if you're

0:31:58.920 --> 0:32:02.600
<v Speaker 1>mostly okay with this coach, which still has some problems

0:32:02.600 --> 0:32:05.440
<v Speaker 1>will talk about in a bit, things get significantly more

0:32:05.520 --> 0:32:10.960
<v Speaker 1>dicey as you learn more about the FBI's policies. For example,

0:32:10.960 --> 0:32:14.400
<v Speaker 1>they have a unit called the Facial Analysis, Comparison and

0:32:14.440 --> 0:32:22.520
<v Speaker 1>Evaluation Services or FACE FACE. This is a part of

0:32:22.520 --> 0:32:26.160
<v Speaker 1>the Criminal Justice Information Services Department c G c J

0:32:26.480 --> 0:32:29.000
<v Speaker 1>rather I S. Yeah, I can spell justice with the G,

0:32:30.360 --> 0:32:33.560
<v Speaker 1>it doesn't make sense. No, the c J I S.

0:32:34.240 --> 0:32:37.120
<v Speaker 1>This is a department within the FBI, and FACE can

0:32:37.120 --> 0:32:40.280
<v Speaker 1>carry out a search far more wide reaching than one

0:32:40.320 --> 0:32:43.880
<v Speaker 1>that just uses the n G I I p S database.

0:32:45.440 --> 0:32:50.680
<v Speaker 1>FACE uses not only that database but also external databases

0:32:50.680 --> 0:32:53.200
<v Speaker 1>when conducting a search with a probe photo. So let's

0:32:53.200 --> 0:32:56.720
<v Speaker 1>say again, you're an FBI agent and you have an

0:32:56.720 --> 0:32:58.720
<v Speaker 1>image that you want to match. You want to find

0:32:58.760 --> 0:33:01.320
<v Speaker 1>out who this person is. Maybe it's just a person

0:33:01.320 --> 0:33:04.280
<v Speaker 1>of interest and doesn't even necessarily have to be a suspect.

0:33:04.600 --> 0:33:06.880
<v Speaker 1>Could be that, hey, maybe this person can tell us

0:33:06.880 --> 0:33:10.719
<v Speaker 1>more about this thing that happened later on. Well, you

0:33:10.760 --> 0:33:13.360
<v Speaker 1>could follow the n G I I p S procedure,

0:33:13.400 --> 0:33:16.880
<v Speaker 1>which would focus on those criminal photographs, or you could

0:33:16.960 --> 0:33:22.320
<v Speaker 1>submit your image to FACE. FACE then would search dozens

0:33:22.440 --> 0:33:28.360
<v Speaker 1>of databases holding more than four hundred eleven million photographs,

0:33:29.360 --> 0:33:33.000
<v Speaker 1>many of which are from civil sources. So n G

0:33:33.280 --> 0:33:36.560
<v Speaker 1>I I P S has thirty million, all of them

0:33:36.600 --> 0:33:42.120
<v Speaker 1>together a four hundred eleven million pictures. And again a

0:33:42.160 --> 0:33:45.400
<v Speaker 1>lot of those pictures just come from things like passport

0:33:45.680 --> 0:33:53.080
<v Speaker 1>I d U, driver's licenses, sometimes security clearances, that sort

0:33:53.120 --> 0:33:55.680
<v Speaker 1>of stuff. That's the You know, this database is a

0:33:55.680 --> 0:33:58.720
<v Speaker 1>lot of law abiding citizens who have no criminal record

0:33:59.280 --> 0:34:01.320
<v Speaker 1>and the image just have nothing to do with any

0:34:01.360 --> 0:34:06.520
<v Speaker 1>sort of criminal act, but they're in these databases. These

0:34:06.560 --> 0:34:11.279
<v Speaker 1>external databases belong to lots of different agencies, and both

0:34:11.280 --> 0:34:13.839
<v Speaker 1>of the federal level and state level. So you've got

0:34:13.840 --> 0:34:17.920
<v Speaker 1>state police agencies, you've got the Department of Defense, You've

0:34:17.960 --> 0:34:20.880
<v Speaker 1>got the Department of Justice, you have the Department of State,

0:34:21.600 --> 0:34:25.120
<v Speaker 1>and again it contains photos from licenses, passports, security I

0:34:25.200 --> 0:34:28.200
<v Speaker 1>d cards, and more. So your submission would then go

0:34:28.320 --> 0:34:32.880
<v Speaker 1>to one of twenty nine different biometric image specialists. They

0:34:32.880 --> 0:34:35.120
<v Speaker 1>would take that probe photo and run a scan through

0:34:35.160 --> 0:34:38.480
<v Speaker 1>these various databases and they would look for matches. Here's

0:34:38.520 --> 0:34:42.240
<v Speaker 1>another problem. Each of these systems has a different methodology

0:34:42.280 --> 0:34:46.400
<v Speaker 1>for performing and returning search results, which makes this even

0:34:46.400 --> 0:34:51.120
<v Speaker 1>more complicated. For example, I talked about how the n

0:34:51.160 --> 0:34:53.520
<v Speaker 1>G I I P S system gives you a return

0:34:53.680 --> 0:34:57.920
<v Speaker 1>between two and fifty candidate photos. Right, well, the Department

0:34:57.920 --> 0:35:00.480
<v Speaker 1>of State will return as many as a the eight

0:35:00.680 --> 0:35:04.960
<v Speaker 1>candidate photos if they are all from visa applications from

0:35:04.960 --> 0:35:08.600
<v Speaker 1>people who are not US citizens, So you can get

0:35:08.680 --> 0:35:12.640
<v Speaker 1>up to eighty eight pictures from visa applicants, or you

0:35:12.680 --> 0:35:17.520
<v Speaker 1>could just get three images from US citizen passport applicants,

0:35:18.320 --> 0:35:21.360
<v Speaker 1>because that's a hard limit. They can only return three

0:35:21.400 --> 0:35:25.560
<v Speaker 1>candidate photos from US citizens who applied for passports, but

0:35:25.600 --> 0:35:30.719
<v Speaker 1>they can return up to eight visa application photos. The

0:35:30.760 --> 0:35:33.520
<v Speaker 1>Department of Defense will will down all of their candidates

0:35:33.560 --> 0:35:37.520
<v Speaker 1>into a single entry, so, in other words, to burn

0:35:37.600 --> 0:35:40.960
<v Speaker 1>a defense. If you if you query that database with

0:35:41.040 --> 0:35:43.560
<v Speaker 1>your probe photo, you will only get one image back,

0:35:44.680 --> 0:35:47.239
<v Speaker 1>So they will call all the other ones and give

0:35:47.239 --> 0:35:50.080
<v Speaker 1>you the most likely match out of all the ones

0:35:50.120 --> 0:35:56.400
<v Speaker 1>that they find in their search. Some states will do

0:35:56.760 --> 0:36:01.000
<v Speaker 1>similar things where they will narrow down which images they

0:36:01.000 --> 0:36:02.719
<v Speaker 1>will return to you. Some of them will just give

0:36:02.719 --> 0:36:05.439
<v Speaker 1>you everything they've got. Every match that comes up, they'll

0:36:05.480 --> 0:36:10.200
<v Speaker 1>just return it back to the FBI. So it's very complicated.

0:36:10.800 --> 0:36:14.440
<v Speaker 1>You can't really be sure what methods people are using

0:36:14.800 --> 0:36:18.359
<v Speaker 1>to be certain that the the potential matches they have

0:36:18.520 --> 0:36:22.520
<v Speaker 1>represent a good match, a good chance that the person

0:36:22.640 --> 0:36:25.360
<v Speaker 1>that they've returned is actually the same one who was

0:36:25.400 --> 0:36:30.520
<v Speaker 1>in the probe photo. At any rate, you as an

0:36:30.560 --> 0:36:34.879
<v Speaker 1>FBI agent, wouldn't get all of these at all. All

0:36:34.920 --> 0:36:36.880
<v Speaker 1>of these photos that would come back, they would come

0:36:36.880 --> 0:36:40.279
<v Speaker 1>back to that biometric analyst over at face. So your

0:36:40.400 --> 0:36:43.520
<v Speaker 1>you send your request to face face takes care of

0:36:43.520 --> 0:36:46.960
<v Speaker 1>the rest. They get back all these results. Then they

0:36:47.000 --> 0:36:49.720
<v Speaker 1>go through the results they get back and they whittle

0:36:49.760 --> 0:36:52.600
<v Speaker 1>that down to one or two candidate photos and they

0:36:52.640 --> 0:36:55.319
<v Speaker 1>send those on to you, the FBI agent. So by

0:36:55.320 --> 0:36:57.200
<v Speaker 1>the time you get it, you only see one or

0:36:57.239 --> 0:37:01.160
<v Speaker 1>two out of the potentially more than one hundred images

0:37:01.200 --> 0:37:09.480
<v Speaker 1>that were returned on this search. But um, you might ask, well,

0:37:09.640 --> 0:37:12.120
<v Speaker 1>how frequently does this happen? I mean, how how often

0:37:12.200 --> 0:37:16.759
<v Speaker 1>is the FBI looking at images, including pictures of law

0:37:16.760 --> 0:37:22.040
<v Speaker 1>abiding citizens in these virtual lineups. It can't be that frequent, right, Well, again,

0:37:22.040 --> 0:37:25.560
<v Speaker 1>according to that g a O report, the FBI submitted

0:37:25.600 --> 0:37:30.600
<v Speaker 1>two hundred fifteen thousand searches between August two thousand eleven,

0:37:30.880 --> 0:37:34.040
<v Speaker 1>which is pretty much when the program went into pilot

0:37:34.120 --> 0:37:38.040
<v Speaker 1>mode and started to be rolled out more widely through

0:37:38.239 --> 0:37:44.800
<v Speaker 1>December two thousand, fifteen two thousand. From August to December,

0:37:46.640 --> 0:37:51.480
<v Speaker 1>thirty six thousand of those searches we're on state driver's

0:37:51.560 --> 0:37:56.000
<v Speaker 1>licensed databases, So it happens a lot thirty six thousand times.

0:37:56.080 --> 0:38:00.239
<v Speaker 1>Chances are, if you are an adult in America, you had,

0:38:00.280 --> 0:38:03.000
<v Speaker 1>like a coin flip situation, that your image was looked

0:38:03.000 --> 0:38:05.960
<v Speaker 1>at at some time or another by an algorithm comparing

0:38:05.960 --> 0:38:10.040
<v Speaker 1>it to a probe photo in the pursuit of information

0:38:10.120 --> 0:38:14.480
<v Speaker 1>regarding a federal case or in some cases, state cases,

0:38:14.560 --> 0:38:19.520
<v Speaker 1>because the FBI has also allowed certain states law agencies

0:38:19.960 --> 0:38:25.040
<v Speaker 1>access to this approach. Now, according to the rules, the

0:38:25.120 --> 0:38:29.560
<v Speaker 1>FBI should have submitted some important documents to inform the

0:38:29.600 --> 0:38:34.240
<v Speaker 1>public of their policies and to lay down the regulations,

0:38:34.280 --> 0:38:37.200
<v Speaker 1>the rules, the processes that they would have to follow

0:38:37.680 --> 0:38:40.319
<v Speaker 1>in order for this to be fair, for it to

0:38:40.440 --> 0:38:43.920
<v Speaker 1>not encroach on your privacy or to violate civil liberties

0:38:43.960 --> 0:38:48.120
<v Speaker 1>or civil rights. Without those rules, the use of the

0:38:48.160 --> 0:38:54.000
<v Speaker 1>system is largely unregulated, which can lead to misuse, whether

0:38:54.040 --> 0:38:58.320
<v Speaker 1>it's intentional or otherwise. The Government Accountability Office specifically pointed

0:38:58.320 --> 0:39:01.319
<v Speaker 1>out two different types of notific cations that the FBI

0:39:01.719 --> 0:39:05.080
<v Speaker 1>either failed to submit or was just very late in submitting.

0:39:05.600 --> 0:39:08.960
<v Speaker 1>The first is called a Privacy Impact Assessment or p

0:39:09.280 --> 0:39:12.600
<v Speaker 1>i A. Now, as that name suggests, a p i

0:39:12.719 --> 0:39:15.520
<v Speaker 1>A is meant to inform the public about any potential

0:39:15.560 --> 0:39:20.719
<v Speaker 1>conflicts with privacy with regards to methods for collecting personal information.

0:39:21.920 --> 0:39:25.200
<v Speaker 1>The FBI did submit a p i A for its

0:39:25.400 --> 0:39:28.319
<v Speaker 1>next generation system, but they did it back in two

0:39:28.320 --> 0:39:31.440
<v Speaker 1>thousand eight when they first launched the n g I

0:39:31.640 --> 0:39:36.560
<v Speaker 1>I p S. According to the Government Accountability Office, the

0:39:36.600 --> 0:39:40.600
<v Speaker 1>FBI made enough significant changes to the system to warrant

0:39:40.680 --> 0:39:44.920
<v Speaker 1>another p i A that anytime you make a significant

0:39:44.920 --> 0:39:50.200
<v Speaker 1>revision to your personal information systems, you have to submit

0:39:50.239 --> 0:39:53.799
<v Speaker 1>a new p i A because things have changed, and

0:39:54.120 --> 0:39:57.000
<v Speaker 1>according to the g a O, the FBI failed to

0:39:57.000 --> 0:40:01.800
<v Speaker 1>do that for way too long. Now, ultimately the FBI

0:40:01.960 --> 0:40:05.600
<v Speaker 1>would publish a new p i A, but by that point,

0:40:05.760 --> 0:40:09.280
<v Speaker 1>the Government Accountability Office said they had delayed so long

0:40:09.360 --> 0:40:13.600
<v Speaker 1>that it made it more problematic. And as a result,

0:40:13.680 --> 0:40:17.359
<v Speaker 1>because during the whole time that they were supposed to

0:40:17.560 --> 0:40:21.440
<v Speaker 1>have submitted this, they were actively using this system. It

0:40:21.480 --> 0:40:24.480
<v Speaker 1>wasn't like this was a system being tested. It was

0:40:24.560 --> 0:40:28.640
<v Speaker 1>actually being put to use in real cases, and that

0:40:28.840 --> 0:40:31.040
<v Speaker 1>kind of violates it, Well, it doesn't kind of. It

0:40:31.160 --> 0:40:34.120
<v Speaker 1>violates a Privacy Act of nineteen seventy four, which states

0:40:34.600 --> 0:40:37.760
<v Speaker 1>that when you make these revisions, you're supposed to file

0:40:37.800 --> 0:40:40.319
<v Speaker 1>a p i A before you put it into use.

0:40:42.640 --> 0:40:44.960
<v Speaker 1>According to the g a O, the FBI failed to

0:40:44.960 --> 0:40:48.839
<v Speaker 1>do so. And also the longer you wait to file this,

0:40:49.080 --> 0:40:53.680
<v Speaker 1>the more entrenched those uses come. So if you put

0:40:53.680 --> 0:40:57.640
<v Speaker 1>a system in place, you build everything out, you've actually

0:40:57.640 --> 0:41:00.800
<v Speaker 1>taken the time to do it, and then you publish

0:41:00.840 --> 0:41:03.880
<v Speaker 1>a p i A any objections that are raised, you

0:41:03.880 --> 0:41:06.000
<v Speaker 1>could say, well, we've got a system now, and it

0:41:06.040 --> 0:41:08.560
<v Speaker 1>cost one point two billion dollars to put it in place.

0:41:08.560 --> 0:41:12.160
<v Speaker 1>It's gonna cost more money, taxpayer money for us to

0:41:12.320 --> 0:41:16.399
<v Speaker 1>alter it, to remove it, to change it. You could

0:41:16.640 --> 0:41:21.880
<v Speaker 1>argue against any move to amend the situation. And the

0:41:21.920 --> 0:41:25.600
<v Speaker 1>g a O says, that's not playing cricket or playing

0:41:25.640 --> 0:41:31.960
<v Speaker 1>fair for my fellow Americans. So that's a problem. But

0:41:32.000 --> 0:41:34.400
<v Speaker 1>then there's another one. There's a second type of report

0:41:34.480 --> 0:41:37.640
<v Speaker 1>called a Systems of Records Notice or s o R.

0:41:37.719 --> 0:41:41.480
<v Speaker 1>In SORN, the Department of Justice was required to submit

0:41:41.520 --> 0:41:43.840
<v Speaker 1>a sworn upon the launch of n g i I

0:41:43.920 --> 0:41:48.600
<v Speaker 1>P S but didn't do so until May five. The

0:41:48.680 --> 0:41:51.760
<v Speaker 1>g a O criticized both the FBI and the Department

0:41:51.800 --> 0:41:54.040
<v Speaker 1>of Justice for failing to inform the public of the

0:41:54.120 --> 0:41:57.280
<v Speaker 1>nature of this technology and how it might impact personal privacy.

0:41:58.200 --> 0:42:02.720
<v Speaker 1>But wait, there's more. The g O report also accused

0:42:02.760 --> 0:42:06.000
<v Speaker 1>the FBI of failing to perform any audits to make

0:42:06.040 --> 0:42:09.440
<v Speaker 1>certain the use of facial recognition software isn't in violation

0:42:09.520 --> 0:42:12.920
<v Speaker 1>of other policies, or even to make sure it doesn't

0:42:13.000 --> 0:42:16.600
<v Speaker 1>violate the Fourth Amendment rights of U. S citizens. Now,

0:42:16.600 --> 0:42:18.400
<v Speaker 1>for those of you who are not US citizens, you

0:42:18.480 --> 0:42:20.799
<v Speaker 1>might wonder what does this actually mean. Well, the Fourth

0:42:20.800 --> 0:42:24.840
<v Speaker 1>Amendment is supposed to protect us against unreasonable search and seizure,

0:42:25.280 --> 0:42:27.880
<v Speaker 1>and part of that means law enforcement can't just demand

0:42:27.920 --> 0:42:31.160
<v Speaker 1>to search you for no reason. And some have argued

0:42:31.200 --> 0:42:35.520
<v Speaker 1>that using facial recognition software with other person's consent, using

0:42:35.520 --> 0:42:43.160
<v Speaker 1>it invisibly and widespread essentially amounts to crossing that line. Now,

0:42:43.200 --> 0:42:45.719
<v Speaker 1>in the United States, we've got plenty of examples of

0:42:45.719 --> 0:42:48.799
<v Speaker 1>troublesome policies that seem to overstep the bounds that are

0:42:49.000 --> 0:42:53.000
<v Speaker 1>established by the Fourth Amendment. But that's a tirade for

0:42:53.000 --> 0:42:56.399
<v Speaker 1>an entirely different show, probably not a tech stuff, maybe

0:42:56.400 --> 0:42:59.279
<v Speaker 1>a stuff they don't want you to know. There are

0:42:59.280 --> 0:43:01.320
<v Speaker 1>a couple of laws the United States that are important

0:43:01.320 --> 0:43:04.120
<v Speaker 1>to take note of here, besides that Fourth Amendment. One

0:43:04.160 --> 0:43:06.320
<v Speaker 1>of them I just mentioned the Privacy Act of nineteen

0:43:06.320 --> 0:43:08.719
<v Speaker 1>seventy four, and the other one is the e Government

0:43:08.760 --> 0:43:12.440
<v Speaker 1>Act of two thousand two. The Privacy actsts limitations on

0:43:12.480 --> 0:43:16.640
<v Speaker 1>the collection, disclosure, and use of personal information maintained in

0:43:16.760 --> 0:43:20.080
<v Speaker 1>systems of records, including the ones that law agencies use.

0:43:21.719 --> 0:43:24.240
<v Speaker 1>The E Government Act is the one that requires government

0:43:24.280 --> 0:43:26.920
<v Speaker 1>agencies to conduct p I A s to make certain

0:43:26.960 --> 0:43:30.000
<v Speaker 1>that personal information is handled properly in federal systems, and

0:43:30.040 --> 0:43:33.000
<v Speaker 1>the g O report alleges that the FBI policy wasn't

0:43:33.000 --> 0:43:37.880
<v Speaker 1>aligned with either of those. Part of this accusation depends

0:43:37.920 --> 0:43:40.359
<v Speaker 1>upon the fact that the FBI was using FACE in

0:43:40.360 --> 0:43:43.400
<v Speaker 1>investigations for years before they updated their s O r

0:43:43.560 --> 0:43:47.759
<v Speaker 1>N their SORN. According to the Privacy Act, agencies must

0:43:47.760 --> 0:43:50.400
<v Speaker 1>publish a new sworn upon the establishment or revision of

0:43:50.400 --> 0:43:52.160
<v Speaker 1>the system of records. This is what I was talking

0:43:52.160 --> 0:43:54.000
<v Speaker 1>about earlier, except I think I said p I a

0:43:54.160 --> 0:43:56.960
<v Speaker 1>earlier when actually I met s O r N. That's

0:43:57.120 --> 0:44:00.799
<v Speaker 1>entirely my fault because I didn't write in my notes

0:44:00.840 --> 0:44:03.200
<v Speaker 1>and I was talking next to berraneously. But s O

0:44:03.320 --> 0:44:06.440
<v Speaker 1>r N is what I should have said. The FBI

0:44:06.640 --> 0:44:09.960
<v Speaker 1>argued that it was continuously updating the database to refine

0:44:10.000 --> 0:44:12.680
<v Speaker 1>the system. But the g a O S argument was

0:44:12.760 --> 0:44:17.960
<v Speaker 1>that you could be continuously updating the system and argue, well,

0:44:18.000 --> 0:44:19.800
<v Speaker 1>we don't want to publish an s O r N

0:44:20.239 --> 0:44:25.320
<v Speaker 1>after every tiny revision because it's wasteful and time consuming.

0:44:26.360 --> 0:44:28.120
<v Speaker 1>The g A O S counter to that is, yeah,

0:44:28.200 --> 0:44:31.359
<v Speaker 1>but you were using this tool in actual cases. If

0:44:31.400 --> 0:44:34.960
<v Speaker 1>you were developing this, let's say, in a in a

0:44:35.040 --> 0:44:39.600
<v Speaker 1>department where you're not using real cases, you're just gradually

0:44:39.640 --> 0:44:42.120
<v Speaker 1>tweaking the system so that it's more and more accurate

0:44:42.160 --> 0:44:46.200
<v Speaker 1>in a controlled environment. That's one thing. But if you're

0:44:46.239 --> 0:44:50.280
<v Speaker 1>actively making use of this system in real world investigations,

0:44:50.880 --> 0:44:54.880
<v Speaker 1>you absolutely must adhere to these laws, because to do

0:44:54.960 --> 0:44:58.320
<v Speaker 1>otherwise is in violation two laws that are pasting the

0:44:58.400 --> 0:45:02.560
<v Speaker 1>United States. So you can't have it both ways. You

0:45:02.640 --> 0:45:07.120
<v Speaker 1>can't continuously tweak a system and put it to official

0:45:07.280 --> 0:45:12.439
<v Speaker 1>use and not also file these reports. You could argue

0:45:12.480 --> 0:45:14.080
<v Speaker 1>the FBI was trying to have its cake and eat

0:45:14.120 --> 0:45:17.760
<v Speaker 1>it too. It's the expression that I think I actually

0:45:17.840 --> 0:45:20.640
<v Speaker 1>used properly. All Right, we've got more to talk about,

0:45:21.120 --> 0:45:22.960
<v Speaker 1>but it's time for us to take another quick break

0:45:23.360 --> 0:45:34.200
<v Speaker 1>to thank our sponsor. All right. So, the Government Accountability

0:45:34.239 --> 0:45:38.760
<v Speaker 1>Office criticizes the FBI and various other agencies for failing

0:45:38.800 --> 0:45:42.600
<v Speaker 1>to establish the scope and use of its facial recognition technology.

0:45:42.640 --> 0:45:46.000
<v Speaker 1>But that's just the tip of the iceberg, because the

0:45:46.040 --> 0:45:48.800
<v Speaker 1>g O report goes on to make an equally troubling

0:45:48.840 --> 0:45:53.040
<v Speaker 1>point that the FBI had performed only a few studies

0:45:53.320 --> 0:45:56.520
<v Speaker 1>on how accurate these facial recognition systems were in the

0:45:56.560 --> 0:45:59.480
<v Speaker 1>first place. So, in other words, not only was this

0:45:59.560 --> 0:46:02.920
<v Speaker 1>a poor to find an unregulated tool, but it's a

0:46:02.960 --> 0:46:08.040
<v Speaker 1>tool of unknown accuracy and precision, which is terrifying when

0:46:08.040 --> 0:46:11.360
<v Speaker 1>you think about it. Now. According to the report, the

0:46:11.480 --> 0:46:15.560
<v Speaker 1>FBI did perform some initial tests before they deployed the

0:46:15.800 --> 0:46:18.399
<v Speaker 1>n G I I P s, and then occasionally did

0:46:18.400 --> 0:46:21.440
<v Speaker 1>a couple of tests when they made some changes. But

0:46:22.200 --> 0:46:25.680
<v Speaker 1>there were problems with these tests. For one thing, they

0:46:25.680 --> 0:46:28.480
<v Speaker 1>were limited in scope, and they didn't represent how the

0:46:28.520 --> 0:46:31.880
<v Speaker 1>system might be used out in the real world. When

0:46:31.920 --> 0:46:35.240
<v Speaker 1>they were actually running these tests, they ran on about

0:46:35.400 --> 0:46:39.160
<v Speaker 1>nine hundred thousand photographs in the database, so they took

0:46:39.160 --> 0:46:42.120
<v Speaker 1>a subset of the photos that they had. They took

0:46:42.200 --> 0:46:45.560
<v Speaker 1>nine hundred thousand of them, and they ran probe tests

0:46:46.200 --> 0:46:50.399
<v Speaker 1>using photos that they knew either were or were not

0:46:51.120 --> 0:46:55.160
<v Speaker 1>represented in that group of nine hundred thousand. However, you've

0:46:55.200 --> 0:46:58.600
<v Speaker 1>got to remember the full database is more than thirty

0:46:58.800 --> 0:47:03.480
<v Speaker 1>million images, so something that works on a smaller scale

0:47:03.600 --> 0:47:07.040
<v Speaker 1>may not work once you scale it up. For another,

0:47:07.480 --> 0:47:11.440
<v Speaker 1>the tests did not specify how often incorrect matches would

0:47:11.440 --> 0:47:15.600
<v Speaker 1>come back, so you didn't know how many false positives

0:47:16.040 --> 0:47:19.359
<v Speaker 1>were there because the FBI wasn't tracking false positives. They

0:47:19.400 --> 0:47:22.120
<v Speaker 1>were only concerned with how frequently they were getting a

0:47:22.239 --> 0:47:27.040
<v Speaker 1>match too, you know, an actual image. So the way

0:47:27.040 --> 0:47:31.000
<v Speaker 1>they test this is you've got nine D images, they've

0:47:31.000 --> 0:47:34.040
<v Speaker 1>got a probe image. They know for a fact that

0:47:34.120 --> 0:47:37.279
<v Speaker 1>the probe image is inside that database, and then they

0:47:37.400 --> 0:47:40.239
<v Speaker 1>run the search to see if the system sends that

0:47:40.320 --> 0:47:45.120
<v Speaker 1>image back. And their threshold was an eight detection rate

0:47:45.920 --> 0:47:49.000
<v Speaker 1>for a positive match. So, in other words, it went

0:47:49.120 --> 0:47:51.600
<v Speaker 1>like this, Let's say you need to conduct a test

0:47:51.719 --> 0:47:54.320
<v Speaker 1>of this system. This is one way you would determine

0:47:54.320 --> 0:47:58.920
<v Speaker 1>whether or not you had that detection rate. Let's say

0:47:58.920 --> 0:48:03.200
<v Speaker 1>you have a hundred robe photos that you've taken of

0:48:03.400 --> 0:48:07.120
<v Speaker 1>one person, and you know this person's face is in

0:48:07.280 --> 0:48:09.440
<v Speaker 1>that database. You know it's going to be in the

0:48:09.600 --> 0:48:14.200
<v Speaker 1>among those nine hundred thousand or so images, So then

0:48:14.239 --> 0:48:16.960
<v Speaker 1>you submit your query. If you have an eighty five

0:48:16.960 --> 0:48:20.360
<v Speaker 1>percent detection rate, then eighty five of those probe photos

0:48:20.560 --> 0:48:23.440
<v Speaker 1>should come back with a match, and that match should

0:48:23.440 --> 0:48:28.520
<v Speaker 1>be the actual person you're looking for. That's what they met.

0:48:28.640 --> 0:48:31.120
<v Speaker 1>By an eighty five percent detection rate, that eighty five

0:48:31.160 --> 0:48:34.640
<v Speaker 1>percent of the time an image that isn't their database

0:48:34.800 --> 0:48:41.040
<v Speaker 1>would be pulled due to a facial recognition software search. Now,

0:48:41.120 --> 0:48:44.680
<v Speaker 1>during this testing phase, the FBI reported that they met

0:48:44.680 --> 0:48:48.279
<v Speaker 1>this threshold. They used that subset of actually was nine

0:48:48.680 --> 0:48:51.920
<v Speaker 1>twenty six thousand photos as their subset when they were

0:48:51.920 --> 0:48:54.439
<v Speaker 1>testing it, and they said that they had an eighty

0:48:54.520 --> 0:48:58.560
<v Speaker 1>six detection rates, so they actually were exceeding what they

0:48:58.560 --> 0:49:01.719
<v Speaker 1>had set as their threshold. But that just meant that

0:49:02.080 --> 0:49:04.600
<v Speaker 1>six percent of the time the actual match for probe

0:49:04.600 --> 0:49:08.200
<v Speaker 1>photos showed up in a group of fifty candidate images,

0:49:09.280 --> 0:49:13.399
<v Speaker 1>so you would get forty nine other images that were

0:49:13.440 --> 0:49:18.399
<v Speaker 1>not your match. The match would be there of the time,

0:49:18.800 --> 0:49:22.920
<v Speaker 1>along with forty nine other images. So we know that

0:49:22.960 --> 0:49:25.560
<v Speaker 1>the system works if you are asking for the maximum

0:49:25.680 --> 0:49:28.600
<v Speaker 1>number of candidates. Remember in the FBI system, you can

0:49:28.600 --> 0:49:31.440
<v Speaker 1>ask for between two and fifty, but fifty is the max.

0:49:32.960 --> 0:49:35.680
<v Speaker 1>But what happens if you asked for fewer images? What

0:49:35.760 --> 0:49:40.520
<v Speaker 1>if you said, no, I want twenty returns? What's the accuracy?

0:49:40.560 --> 0:49:45.000
<v Speaker 1>Then the FBI can't tell you because they do not know.

0:49:45.440 --> 0:49:48.640
<v Speaker 1>According to the FBI, they did not run tests to

0:49:48.719 --> 0:49:51.640
<v Speaker 1>see what would happen if you decrease the number of

0:49:51.640 --> 0:49:55.160
<v Speaker 1>candidate photos you asked for. They only ran tests on

0:49:55.239 --> 0:49:59.360
<v Speaker 1>the maximum number of candidate photos. And keep in mind,

0:49:59.600 --> 0:50:03.160
<v Speaker 1>the fault for any search is twenty photos, so the

0:50:03.200 --> 0:50:05.959
<v Speaker 1>default is less than what they tested, and they never

0:50:06.040 --> 0:50:09.439
<v Speaker 1>tried to see if the eight six percent detection rate

0:50:09.680 --> 0:50:13.200
<v Speaker 1>held true at these lower numbers. That's a huge issue.

0:50:15.280 --> 0:50:18.160
<v Speaker 1>On top of that, the FBI didn't go so far

0:50:18.239 --> 0:50:21.880
<v Speaker 1>to determine how frequently its system would return false positives

0:50:21.920 --> 0:50:25.640
<v Speaker 1>to probes, so they never paid attention to how many

0:50:25.680 --> 0:50:31.280
<v Speaker 1>times they got responses that didn't reflect and the actual identity.

0:50:31.440 --> 0:50:35.000
<v Speaker 1>They didn't keep track of it. So, according to the FBI,

0:50:35.040 --> 0:50:37.359
<v Speaker 1>the purpose of the system is to generate leads, not

0:50:37.520 --> 0:50:40.239
<v Speaker 1>to positively identify persons of interest, so it shouldn't come

0:50:40.239 --> 0:50:43.520
<v Speaker 1>as a big surprise, or you shouldn't even care if

0:50:43.960 --> 0:50:47.520
<v Speaker 1>it returns a lot of false positives, because hey, this

0:50:47.600 --> 0:50:51.200
<v Speaker 1>technology isn't meant to be the smoking gun that says,

0:50:51.280 --> 0:50:54.399
<v Speaker 1>here's the evidence that will put this person away. It's

0:50:54.400 --> 0:50:56.440
<v Speaker 1>meant to just create a lead, So why do you

0:50:56.560 --> 0:51:00.720
<v Speaker 1>care how many false positives it returns? As if being

0:51:02.040 --> 0:51:06.120
<v Speaker 1>looped in on a an official inquiry when you had

0:51:06.160 --> 0:51:09.360
<v Speaker 1>nothing to do with it isn't disruptive or stressful or

0:51:09.360 --> 0:51:13.319
<v Speaker 1>provoke anxiety. I don't know about you, guys, but if

0:51:13.400 --> 0:51:15.279
<v Speaker 1>I had a federal agent show up at my door

0:51:16.160 --> 0:51:19.279
<v Speaker 1>asking me weird questions about a case that I had

0:51:19.320 --> 0:51:23.120
<v Speaker 1>no connection to because my image had popped up in

0:51:23.239 --> 0:51:26.560
<v Speaker 1>one of these searches and had I have nothing to

0:51:26.560 --> 0:51:28.919
<v Speaker 1>do with it. It just so happens that I look

0:51:29.080 --> 0:51:32.000
<v Speaker 1>enough like a photo that's being used in the case

0:51:32.560 --> 0:51:35.960
<v Speaker 1>to warrant this. I would probably find that pretty disruptive

0:51:36.000 --> 0:51:41.440
<v Speaker 1>in my life, so I would care about false positives. FBI,

0:51:41.520 --> 0:51:44.080
<v Speaker 1>at least according to this g a O report, apparently

0:51:44.120 --> 0:51:49.759
<v Speaker 1>didn't think it was that big a deal. Now, the

0:51:49.840 --> 0:51:51.640
<v Speaker 1>g a O points out that it is a big

0:51:51.680 --> 0:51:54.080
<v Speaker 1>deal and that they're not the only ones to think so.

0:51:54.920 --> 0:51:58.920
<v Speaker 1>The National Science and Technology Council and the National Institute

0:51:58.920 --> 0:52:02.040
<v Speaker 1>of Standards and technolo Ology both state then, in order

0:52:02.080 --> 0:52:05.000
<v Speaker 1>to know how accurate a system is, you need to

0:52:05.040 --> 0:52:09.040
<v Speaker 1>know two pieces of information, not just the detection rate,

0:52:09.280 --> 0:52:12.680
<v Speaker 1>which the FBI claims is at least when you're asking

0:52:12.680 --> 0:52:16.920
<v Speaker 1>for fifty candidates, but also the false positive rate. You

0:52:16.960 --> 0:52:19.600
<v Speaker 1>have to know both of them in order to understand

0:52:19.600 --> 0:52:22.799
<v Speaker 1>how accurate a system is. So only knowing one of

0:52:22.840 --> 0:52:26.320
<v Speaker 1>those pieces of information isn't enough to state this system

0:52:26.400 --> 0:52:29.919
<v Speaker 1>is accurate or not. You have to know both. So

0:52:30.120 --> 0:52:33.080
<v Speaker 1>not only do does the FBI not have a grasp

0:52:33.200 --> 0:52:35.759
<v Speaker 1>on how accurate their system is if you're asking for

0:52:35.880 --> 0:52:39.439
<v Speaker 1>fewer than the maximum number of candidates, they also don't

0:52:39.480 --> 0:52:43.320
<v Speaker 1>know how often it returns false positives. So the FBI

0:52:43.400 --> 0:52:46.200
<v Speaker 1>has no way of knowing how accurate this facial recognition

0:52:46.920 --> 0:52:53.719
<v Speaker 1>software is considering that it's being used to actually further investigations.

0:52:54.360 --> 0:52:58.480
<v Speaker 1>For official investigations of the FBI and also other state

0:52:58.520 --> 0:53:03.840
<v Speaker 1>agencies that have access to the system, that is beyond problematic.

0:53:04.600 --> 0:53:09.000
<v Speaker 1>If you cannot say that the system with any degree

0:53:09.320 --> 0:53:13.200
<v Speaker 1>of certainty is above a certain threshold of accuracy. Why

0:53:13.239 --> 0:53:15.719
<v Speaker 1>are you using it? Because, I mean, it has the

0:53:15.719 --> 0:53:21.800
<v Speaker 1>potential to dramatically impact people's lives and potentially lead people

0:53:21.840 --> 0:53:26.359
<v Speaker 1>down the pathway that could result in in false accusations

0:53:26.360 --> 0:53:30.279
<v Speaker 1>and imprisonment. Uh, the person who is actually responsible might

0:53:30.440 --> 0:53:32.759
<v Speaker 1>totally get away with something because of this. This is

0:53:32.800 --> 0:53:36.680
<v Speaker 1>a real problem. And then the thing is it might

0:53:36.719 --> 0:53:39.799
<v Speaker 1>be a perfectly accurate system, but we don't know that

0:53:40.080 --> 0:53:43.120
<v Speaker 1>because we haven't tested it. So until we test it,

0:53:43.160 --> 0:53:48.399
<v Speaker 1>we cannot just assume that it's accurate enough. That's not

0:53:48.440 --> 0:53:50.759
<v Speaker 1>when people's lives are at stake. This is where the

0:53:50.840 --> 0:53:54.760
<v Speaker 1>my bias doesn't so much creep in as it kicks

0:53:54.800 --> 0:53:57.480
<v Speaker 1>open the door and makes itself at home on your couch,

0:53:58.680 --> 0:54:04.560
<v Speaker 1>but I die gress. The g a O report also

0:54:04.880 --> 0:54:09.759
<v Speaker 1>goes into great detail about how this accuracy really can

0:54:09.800 --> 0:54:12.960
<v Speaker 1>have a clear impact on people's privacy, their civil liberties,

0:54:13.000 --> 0:54:17.160
<v Speaker 1>their civil rights. They also cite the Electronic Frontier Foundation

0:54:17.239 --> 0:54:20.080
<v Speaker 1>the e f F, which says that if a person

0:54:20.200 --> 0:54:23.120
<v Speaker 1>is brought up as a defendant in a case and

0:54:23.160 --> 0:54:26.040
<v Speaker 1>it is revealed that they were matched by a facial

0:54:26.120 --> 0:54:30.360
<v Speaker 1>recognition system. It puts a burden on the defendant to

0:54:30.520 --> 0:54:33.520
<v Speaker 1>argue that they are not the same person as was

0:54:34.160 --> 0:54:37.719
<v Speaker 1>seen in a probe photo, that they are not the

0:54:37.760 --> 0:54:41.200
<v Speaker 1>same one that the system has identified. And if you

0:54:41.239 --> 0:54:45.880
<v Speaker 1>cannot reliably state how accurate your system is because you

0:54:45.880 --> 0:54:48.759
<v Speaker 1>don't know how frequently it returns false positives, you have

0:54:48.960 --> 0:54:52.600
<v Speaker 1>unfairly burdened the defendant. Like if you were to say,

0:54:52.600 --> 0:54:54.080
<v Speaker 1>if you're the FBI, and you say, we have an

0:54:54.080 --> 0:54:58.080
<v Speaker 1>eight six percent detection rate, but you don't admit, oh,

0:54:58.120 --> 0:55:00.400
<v Speaker 1>by the way, we don't know how many false positive

0:55:00.400 --> 0:55:03.520
<v Speaker 1>as we get on any given search. The implication you

0:55:03.560 --> 0:55:05.920
<v Speaker 1>have given is that we're pretty sure that this is

0:55:05.960 --> 0:55:10.000
<v Speaker 1>the right guy. And again they argue that this is

0:55:10.040 --> 0:55:13.920
<v Speaker 1>meant to be a point of inquiry, but you could

0:55:13.960 --> 0:55:16.200
<v Speaker 1>easily see how it could also be used by a

0:55:16.280 --> 0:55:20.080
<v Speaker 1>lawyer to argue that a defendant is in fact the

0:55:20.120 --> 0:55:23.359
<v Speaker 1>person responsible for a crime, and they may not be.

0:55:25.840 --> 0:55:28.719
<v Speaker 1>And because you don't know the accuracy of the system,

0:55:29.520 --> 0:55:33.000
<v Speaker 1>you can't like using the system to argue for it

0:55:33.080 --> 0:55:38.759
<v Speaker 1>is irresponsible. There's no accountability there. Now, not only has

0:55:38.800 --> 0:55:41.279
<v Speaker 1>the FBI failed to establish the accuracy of its own

0:55:41.400 --> 0:55:44.239
<v Speaker 1>n G i I p S system. It has also

0:55:44.360 --> 0:55:47.880
<v Speaker 1>not assessed the accuracy of all those external databases that

0:55:47.920 --> 0:55:51.600
<v Speaker 1>are used whenever they use the face approach. There are

0:55:51.600 --> 0:55:55.960
<v Speaker 1>no accuracy requirements for these agencies, so there's not like

0:55:56.000 --> 0:55:58.799
<v Speaker 1>a threshold they have to prove that they meet in

0:55:58.920 --> 0:56:02.120
<v Speaker 1>order to be part of this. That's a huge problem.

0:56:02.200 --> 0:56:06.240
<v Speaker 1>While each agency might be accurate with no testing procedure

0:56:06.239 --> 0:56:09.120
<v Speaker 1>in place, it's impossible to be certain of that. And

0:56:09.160 --> 0:56:12.680
<v Speaker 1>since these databases include millions of people with no criminal

0:56:12.719 --> 0:56:16.880
<v Speaker 1>background and they all use different facial recognition software products,

0:56:18.120 --> 0:56:20.360
<v Speaker 1>this is a huge issue. You could be put in

0:56:20.400 --> 0:56:23.840
<v Speaker 1>a virtual lineup simply because you look enough like someone

0:56:23.880 --> 0:56:26.040
<v Speaker 1>else that a computer thinks you are in fact the

0:56:26.080 --> 0:56:29.600
<v Speaker 1>same person. The g a O report concludes with a

0:56:29.719 --> 0:56:33.840
<v Speaker 1>host of recommendations for future actions, including addressing the problem

0:56:33.840 --> 0:56:36.760
<v Speaker 1>of the FBI being so slow to publish those updated

0:56:36.760 --> 0:56:38.960
<v Speaker 1>a p I as in a timely manner, and to

0:56:39.000 --> 0:56:42.880
<v Speaker 1>create a means to assess each system's accuracy. The Department

0:56:42.880 --> 0:56:47.200
<v Speaker 1>of Justice read the report and then responded disagreeing with

0:56:47.239 --> 0:56:52.280
<v Speaker 1>several points that the g O report made, uh including

0:56:52.400 --> 0:56:55.160
<v Speaker 1>arguing that the FBI and the Department of Justice published

0:56:55.200 --> 0:56:58.320
<v Speaker 1>information when it made the most sense when the system

0:56:58.320 --> 0:57:01.840
<v Speaker 1>had been tweaked and find analized more or less. However,

0:57:01.920 --> 0:57:05.160
<v Speaker 1>by that time, again, they had been using that system

0:57:05.200 --> 0:57:08.799
<v Speaker 1>for real world cases throughout the entire process, So it

0:57:08.840 --> 0:57:11.400
<v Speaker 1>seems to me to be kind of a weak argument.

0:57:12.160 --> 0:57:14.799
<v Speaker 1>You can't really say, like, hey, it wasn't finished until then,

0:57:14.960 --> 0:57:17.919
<v Speaker 1>that's when we published it. If you allso at saying hey,

0:57:17.960 --> 0:57:22.400
<v Speaker 1>we use that for real zes to go after actual people,

0:57:23.880 --> 0:57:27.520
<v Speaker 1>you can't have it both ways and not not maintain

0:57:27.560 --> 0:57:34.840
<v Speaker 1>accountability at any rate. So that kind of gets to

0:57:34.840 --> 0:57:37.919
<v Speaker 1>the end of the Government Accountability Office report. But that's

0:57:37.920 --> 0:57:41.240
<v Speaker 1>not the end of the story. In March, Congress held

0:57:41.280 --> 0:57:45.040
<v Speaker 1>some hearings about this, and boy haality were some congress

0:57:45.080 --> 0:57:47.840
<v Speaker 1>people very upset with the FBI. On both sides of

0:57:47.840 --> 0:57:51.840
<v Speaker 1>the aisle. You had Democrats and Republicans really chastising the

0:57:51.880 --> 0:57:55.920
<v Speaker 1>FBI for their use of facial recognition software and arguing

0:57:55.960 --> 0:57:59.960
<v Speaker 1>that it could amount to an enormous invasion of privacy

0:58:00.080 --> 0:58:03.520
<v Speaker 1>as well as endangering the civil liberties of U. S citizens.

0:58:04.040 --> 0:58:10.080
<v Speaker 1>So people who have dramatically different political philosophies were agreeing

0:58:10.120 --> 0:58:13.040
<v Speaker 1>on this point. So it wasn't really a partisan issue.

0:58:13.120 --> 0:58:16.120
<v Speaker 1>In this case, and it got pretty ugly, but probably

0:58:16.160 --> 0:58:18.960
<v Speaker 1>not as ugly as the Georgetown University report that was

0:58:19.000 --> 0:58:23.760
<v Speaker 1>published in late This is an amazing report. Both the

0:58:23.800 --> 0:58:27.480
<v Speaker 1>Government Accountability Office report and the Georgetown University report are

0:58:27.480 --> 0:58:31.840
<v Speaker 1>available for free online. I will warn you collectively they're

0:58:31.880 --> 0:58:36.600
<v Speaker 1>about two hundred pages, so if you want some light reading,

0:58:37.440 --> 0:58:39.840
<v Speaker 1>you can check it out there. They are quite good,

0:58:39.880 --> 0:58:42.240
<v Speaker 1>both of them, and they're very accessible. Neither of them

0:58:42.240 --> 0:58:45.640
<v Speaker 1>are written in like crazy legal lease which will make

0:58:45.680 --> 0:58:49.680
<v Speaker 1>it impossible to understand. They're written in very plain English. Now.

0:58:49.680 --> 0:58:52.600
<v Speaker 1>It was in the Georgetown University report that was revealed

0:58:52.600 --> 0:58:55.360
<v Speaker 1>that one in every two American adults has their picture

0:58:55.400 --> 0:58:59.680
<v Speaker 1>contained in a database connected to law enforcement facial recognition systems.

0:59:00.560 --> 0:59:03.440
<v Speaker 1>And this report goes far beyond just that FBI to

0:59:03.640 --> 0:59:06.400
<v Speaker 1>state all the way down to state and local systems

0:59:06.440 --> 0:59:09.600
<v Speaker 1>that are implementing their own facial recognition databases, and many

0:59:09.640 --> 0:59:11.960
<v Speaker 1>of them have no understanding of how it might impact

0:59:12.000 --> 0:59:16.280
<v Speaker 1>the civil liberties or privacy of citizens. The report is

0:59:16.320 --> 0:59:19.160
<v Speaker 1>the summary of a study that lasted a full year

0:59:19.560 --> 0:59:23.120
<v Speaker 1>with more than one records requests to various police departments.

0:59:23.320 --> 0:59:26.640
<v Speaker 1>They looked at fifty two different law enforcement agencies across

0:59:26.640 --> 0:59:29.880
<v Speaker 1>the United States, and the report assessed the risks to

0:59:29.960 --> 0:59:33.120
<v Speaker 1>civil liberties and civil rights because up until this report

0:59:33.280 --> 0:59:37.439
<v Speaker 1>was was filed, no such study had been made, which

0:59:37.440 --> 0:59:39.920
<v Speaker 1>is a huge problem. You don't know the impact of

0:59:40.000 --> 0:59:43.320
<v Speaker 1>the tool that you've created until after it's been put

0:59:43.360 --> 0:59:46.880
<v Speaker 1>in use for a while. That's an issue. Ideally, you

0:59:46.920 --> 0:59:50.760
<v Speaker 1>think all this out before you implement the procedure, and

0:59:50.760 --> 0:59:54.040
<v Speaker 1>their findings were pretty upsetting. For example, the report found

0:59:54.040 --> 0:59:57.000
<v Speaker 1>that some agencies limit themselves to using facial recognition within

0:59:57.040 --> 1:00:00.720
<v Speaker 1>the framework of a targeted and public use, such as

1:00:00.840 --> 1:00:03.680
<v Speaker 1>using it on someone who has been legally arrested or

1:00:03.720 --> 1:00:07.880
<v Speaker 1>detained for a crime. And in this case, you're talking

1:00:07.920 --> 1:00:14.360
<v Speaker 1>about totally above board approach. You're assuming that everyone is

1:00:14.360 --> 1:00:19.720
<v Speaker 1>is following the law as regards to apprehending and charging

1:00:19.720 --> 1:00:22.520
<v Speaker 1>a suspect with a crime, and maybe that person is

1:00:22.600 --> 1:00:26.800
<v Speaker 1>unwilling or unable to to tell you what what their

1:00:26.840 --> 1:00:29.600
<v Speaker 1>identity is, and in that case, you would use this

1:00:30.000 --> 1:00:32.880
<v Speaker 1>facial recognition software stuff in order to figure out who

1:00:32.960 --> 1:00:38.480
<v Speaker 1>you are dealing with. That's largely a legitimate case. You know,

1:00:38.520 --> 1:00:42.880
<v Speaker 1>the government. The Georgetown University study didn't say that's bad.

1:00:43.040 --> 1:00:45.720
<v Speaker 1>They actually said, no, that's that makes sense. It's targeted,

1:00:45.800 --> 1:00:51.560
<v Speaker 1>it's public. But you could have a more general, invisible approach,

1:00:51.760 --> 1:00:55.640
<v Speaker 1>for example, using facial recognition software in real time on

1:00:55.680 --> 1:01:00.280
<v Speaker 1>a closed circuit camera pointed at a city street, where

1:01:00.320 --> 1:01:04.040
<v Speaker 1>you're literally picking up people as they pass by. They're

1:01:04.080 --> 1:01:07.400
<v Speaker 1>not people of interest, they're just people going about their day.

1:01:07.560 --> 1:01:11.000
<v Speaker 1>And if you're running facial recognition software on such a feed,

1:01:11.640 --> 1:01:17.160
<v Speaker 1>you are potentially invading privacy and stepping on civil rights

1:01:17.160 --> 1:01:21.600
<v Speaker 1>and civil liberties. So even if you were to argue

1:01:22.720 --> 1:01:25.640
<v Speaker 1>that this real time use where you're just looking at

1:01:25.680 --> 1:01:27.680
<v Speaker 1>people as they pass by, maybe a little name pops

1:01:27.760 --> 1:01:29.640
<v Speaker 1>up every now and then as it as the system

1:01:29.680 --> 1:01:33.200
<v Speaker 1>recognizes a person that matches a file in the database,

1:01:33.880 --> 1:01:36.560
<v Speaker 1>it's easy to imagine a scenario in which such a

1:01:36.600 --> 1:01:41.200
<v Speaker 1>technology could be abused. Either it picks up somebody mistakenly,

1:01:41.560 --> 1:01:45.200
<v Speaker 1>it thinks that identifies someone, but in fact it's a

1:01:45.200 --> 1:01:48.560
<v Speaker 1>totally different person, and then you end up establishing a

1:01:48.560 --> 1:01:53.640
<v Speaker 1>person's location by mistake, like it it's not really where

1:01:53.640 --> 1:01:56.360
<v Speaker 1>they were, but because the system has identified a person

1:01:56.400 --> 1:02:00.720
<v Speaker 1>as being at X place at Y time, you then

1:02:00.800 --> 1:02:05.320
<v Speaker 1>have established supposedly that person's location. When in fact that

1:02:05.360 --> 1:02:07.080
<v Speaker 1>person might be across town or not even in the

1:02:07.120 --> 1:02:11.440
<v Speaker 1>same state, but it's because of a misidentification in the system.

1:02:11.560 --> 1:02:13.880
<v Speaker 1>That's one problem. But think about this. Think of this

1:02:13.920 --> 1:02:18.520
<v Speaker 1>is a scary scenario. Imagine a situation in which a

1:02:18.560 --> 1:02:22.680
<v Speaker 1>group of people are discriminated against by a government agency.

1:02:22.800 --> 1:02:27.160
<v Speaker 1>Let's say they have a legitimate gripe. It's completely legitimate.

1:02:27.760 --> 1:02:31.040
<v Speaker 1>They're victims of unfair treatment. So a group of them

1:02:31.080 --> 1:02:33.800
<v Speaker 1>and some of their allies get together in a public

1:02:33.840 --> 1:02:38.040
<v Speaker 1>place for peaceful protest, to raise awareness of this issue

1:02:38.120 --> 1:02:43.560
<v Speaker 1>and to confront uh the government agencies that have discriminated

1:02:43.600 --> 1:02:46.800
<v Speaker 1>against them. This is all perfectly legal according to the U.

1:02:46.880 --> 1:02:50.040
<v Speaker 1>S Constitution. They're not doing anything legal. They're assembling on

1:02:50.120 --> 1:02:56.439
<v Speaker 1>public grounds in order to practice free speech. But it's

1:02:56.480 --> 1:02:59.680
<v Speaker 1>not hard to imagine a government agency using a camera

1:02:59.760 --> 1:03:02.560
<v Speaker 1>when this sort of facial recognition software to identify people

1:03:02.560 --> 1:03:05.000
<v Speaker 1>who are in the crowd, in order to use that

1:03:05.440 --> 1:03:08.840
<v Speaker 1>as leverage in the future for some purpose or another,

1:03:09.600 --> 1:03:12.360
<v Speaker 1>even if it's just to say we know you were there,

1:03:13.480 --> 1:03:16.080
<v Speaker 1>and to put that kind of pressure on a person

1:03:17.560 --> 1:03:22.920
<v Speaker 1>in order to essentially squelch people's freedom of speech. So

1:03:23.000 --> 1:03:25.200
<v Speaker 1>this is a first Amendment issue, not just a Fourth

1:03:25.200 --> 1:03:28.880
<v Speaker 1>Amendment issue. Now that might sound like a dramatic scenario

1:03:29.280 --> 1:03:33.040
<v Speaker 1>like something like Big Brother issue, its Orwellian, but it's

1:03:33.080 --> 1:03:37.120
<v Speaker 1>also entirely within the realm of possibility. From a technological standpoint,

1:03:37.160 --> 1:03:40.760
<v Speaker 1>there's nothing technology technologically oriented that would prevent us from

1:03:40.800 --> 1:03:43.600
<v Speaker 1>doing this, or prevent an agency from doing this. And

1:03:43.720 --> 1:03:47.240
<v Speaker 1>even without the evil Empire scenario in place, you still

1:03:47.320 --> 1:03:50.080
<v Speaker 1>have the problematic issue of treading on civil liberties just

1:03:50.240 --> 1:03:54.600
<v Speaker 1>by having such technology available and unregulated. You don't have

1:03:54.920 --> 1:03:59.960
<v Speaker 1>rules to to guide this sort of stuff. The Georgetown

1:04:00.040 --> 1:04:03.760
<v Speaker 1>report found that only one agency out of the fifty

1:04:03.840 --> 1:04:09.680
<v Speaker 1>two that they looked at have a specific rule against

1:04:09.840 --> 1:04:14.440
<v Speaker 1>using facial recognition software to identify people participating in public

1:04:14.520 --> 1:04:19.080
<v Speaker 1>demonstrations or free speech in general. So only one agency

1:04:19.160 --> 1:04:22.240
<v Speaker 1>actually has rules against that. Now, that doesn't mean the

1:04:22.320 --> 1:04:26.400
<v Speaker 1>other fifty one agencies are regularly using this technology to

1:04:27.080 --> 1:04:31.400
<v Speaker 1>monitor acts of free speech, but it also doesn't mean

1:04:31.440 --> 1:04:34.280
<v Speaker 1>that they can't. They don't have rules against it. Only

1:04:34.360 --> 1:04:39.040
<v Speaker 1>one agency out of the fifty two, people are being

1:04:39.080 --> 1:04:41.720
<v Speaker 1>watched and identified without any connection to a crime. In

1:04:41.800 --> 1:04:46.560
<v Speaker 1>these cases, it's pretty terrifying. The Georgetown report also found

1:04:46.600 --> 1:04:49.080
<v Speaker 1>that no state had yet passed a law to regulate

1:04:49.200 --> 1:04:53.520
<v Speaker 1>police use of facial recognition software. No, no state in

1:04:53.600 --> 1:04:56.480
<v Speaker 1>the US. They're fifty of them, and none of them

1:04:56.560 --> 1:05:00.200
<v Speaker 1>have passed any regulations, any laws to regulate the use

1:05:00.280 --> 1:05:03.880
<v Speaker 1>of facial recognition software. So without rules, how do you

1:05:04.040 --> 1:05:07.040
<v Speaker 1>argue whether someone's misused or abused a system. You have

1:05:07.120 --> 1:05:10.000
<v Speaker 1>to have rules so that you know what is allowed

1:05:10.040 --> 1:05:13.160
<v Speaker 1>and what is not allowed. With no rules, the implication

1:05:13.280 --> 1:05:16.960
<v Speaker 1>is that everything is allowed until it isn't. That's a

1:05:17.240 --> 1:05:23.840
<v Speaker 1>that's a huge dangerous problem. The report also pointed out

1:05:24.160 --> 1:05:27.200
<v Speaker 1>that most of these agencies lacked any sort of methodology

1:05:27.320 --> 1:05:31.280
<v Speaker 1>to ensure that the accuracy of their respective systems was

1:05:32.200 --> 1:05:35.400
<v Speaker 1>was decent. The reports stated that out of all the

1:05:35.480 --> 1:05:40.200
<v Speaker 1>agencies they investigated, only to the San Francisco Police Department

1:05:40.400 --> 1:05:44.439
<v Speaker 1>and the South Sound nine one from Seattle had made

1:05:44.520 --> 1:05:48.120
<v Speaker 1>decisions about what facial recognition software they were going to

1:05:48.240 --> 1:05:54.800
<v Speaker 1>incorporate in their office based off of accuracy rates. That

1:05:55.000 --> 1:05:58.280
<v Speaker 1>that was not a consideration for all of the other agencies,

1:05:58.280 --> 1:06:01.520
<v Speaker 1>at least not the ones that they asked. Moreover, the

1:06:02.040 --> 1:06:05.160
<v Speaker 1>report points out that facial recognition companies are also trying

1:06:05.200 --> 1:06:08.840
<v Speaker 1>to have it both ways. So, for example, they cite

1:06:08.880 --> 1:06:13.520
<v Speaker 1>a company called fat face First. Now face First advertises

1:06:13.920 --> 1:06:20.760
<v Speaker 1>that has accuracy rate, but it's simultaneously disclaims any liability

1:06:20.880 --> 1:06:26.360
<v Speaker 1>for failing to meet that accuracy rate. So it's kind

1:06:26.360 --> 1:06:29.040
<v Speaker 1>of like saying we we guarantee these tires. Tires are

1:06:29.080 --> 1:06:35.160
<v Speaker 1>not guaranteed. Not quite like that, but similar. So again,

1:06:35.200 --> 1:06:38.760
<v Speaker 1>this is according to the Georgetown University report. That's a

1:06:38.840 --> 1:06:43.160
<v Speaker 1>problem for a company to to sell itself on a

1:06:44.720 --> 1:06:48.040
<v Speaker 1>on a performance threshold, but then say, hey, you can't

1:06:48.120 --> 1:06:50.520
<v Speaker 1>hold us to that performance threshold that we sold you on.

1:06:51.560 --> 1:06:56.440
<v Speaker 1>That's a little dangerous there too. Then the report goes

1:06:56.520 --> 1:06:58.760
<v Speaker 1>on to state that the human analysts, you know, the

1:06:58.800 --> 1:07:01.720
<v Speaker 1>ones I was talking about earlier, that supposed to be

1:07:01.920 --> 1:07:07.240
<v Speaker 1>a safeguard. Human analysts are supposed to take the images

1:07:07.320 --> 1:07:11.760
<v Speaker 1>that are returned by these automated systems and manually review

1:07:11.880 --> 1:07:14.000
<v Speaker 1>them to make sure that they do or do not

1:07:14.320 --> 1:07:17.640
<v Speaker 1>match that probe photo. That was the whole thing to

1:07:17.720 --> 1:07:22.160
<v Speaker 1>begin with, But it turns out, according to this report,

1:07:22.280 --> 1:07:26.680
<v Speaker 1>those human analysts are not that accurate. In fact, they're

1:07:26.840 --> 1:07:31.120
<v Speaker 1>no better than a coin flip. Literally. The report sites

1:07:31.160 --> 1:07:34.200
<v Speaker 1>of study that showed that if analysts did not have

1:07:34.760 --> 1:07:39.880
<v Speaker 1>highly specialized training, they would make the wrong decision for

1:07:40.000 --> 1:07:43.680
<v Speaker 1>a potential match fifty percent of the time, literally a

1:07:43.760 --> 1:07:48.480
<v Speaker 1>coin flip. That's ridiculous. Now, the report found only eight

1:07:48.600 --> 1:07:54.040
<v Speaker 1>agencies of the fifty two used specialized personnel to review images.

1:07:54.920 --> 1:07:57.960
<v Speaker 1>In other words, people who presumably have actually received that

1:07:58.160 --> 1:08:02.400
<v Speaker 1>highly specialized training necessary to make more accurate decisions regarding

1:08:02.440 --> 1:08:05.840
<v Speaker 1>these photos. And the report states that there's no formal

1:08:06.040 --> 1:08:09.880
<v Speaker 1>training regime in place for examiners, which is a major

1:08:09.920 --> 1:08:12.440
<v Speaker 1>problem for a system that's already in widespread use. So

1:08:12.560 --> 1:08:15.440
<v Speaker 1>not only do you need highly specialized training, there's no

1:08:15.720 --> 1:08:21.920
<v Speaker 1>formalized approach to to give or receive that highly specialized training.

1:08:22.960 --> 1:08:25.599
<v Speaker 1>So we know you need it, but we haven't developed

1:08:25.640 --> 1:08:29.599
<v Speaker 1>the best practices to actually deliver upon that. So meanwhile,

1:08:29.640 --> 1:08:33.080
<v Speaker 1>you've got human analysts who are making mistakes half the

1:08:33.200 --> 1:08:36.920
<v Speaker 1>time while reviewing these photos. And if you wondered if

1:08:36.960 --> 1:08:41.240
<v Speaker 1>facial recognition systems would disproportionately affect some ethnicities over others,

1:08:41.360 --> 1:08:45.560
<v Speaker 1>the answer to that is resounding and dismaying yes. The

1:08:45.720 --> 1:08:49.880
<v Speaker 1>report found that African Americans would be affected more than

1:08:50.160 --> 1:08:54.320
<v Speaker 1>other ethnicities. According to an FBI co authored study, that

1:08:54.439 --> 1:08:58.879
<v Speaker 1>was cited by this Georgetown University report. Several facial recognition

1:08:58.920 --> 1:09:03.280
<v Speaker 1>algorithms are less accurate for black people than for other ethnicities,

1:09:03.600 --> 1:09:07.200
<v Speaker 1>and there's no independent testing process to determine if there's

1:09:07.240 --> 1:09:10.960
<v Speaker 1>a racial bias in any of these facial recognition systems,

1:09:11.240 --> 1:09:14.559
<v Speaker 1>So no one has developed a test to make certain

1:09:15.160 --> 1:09:19.960
<v Speaker 1>that it is in fact accurate despite a person's age, gender,

1:09:20.240 --> 1:09:24.320
<v Speaker 1>or race. Without being able to verify that it is

1:09:24.439 --> 1:09:29.280
<v Speaker 1>accurate across all parameters, you have opened up an enormous

1:09:29.360 --> 1:09:34.040
<v Speaker 1>can of worms, and you are disproportionately affecting people just

1:09:34.240 --> 1:09:37.559
<v Speaker 1>because of their race because your system does not address

1:09:37.760 --> 1:09:42.439
<v Speaker 1>that properly. The report also points out that the information

1:09:42.479 --> 1:09:45.240
<v Speaker 1>about the systems and use had not been generally available

1:09:45.280 --> 1:09:48.360
<v Speaker 1>to the public. In fact, all the fifty two agencies

1:09:48.439 --> 1:09:54.480
<v Speaker 1>that they they contacted, only four had publicly available use policies.

1:09:54.840 --> 1:09:57.080
<v Speaker 1>So in other words, only four of the fifty two

1:09:57.560 --> 1:10:02.200
<v Speaker 1>could tell you what general policy was as far as

1:10:02.240 --> 1:10:05.479
<v Speaker 1>facial recognition software goes. That's less than ten percent of

1:10:05.800 --> 1:10:09.280
<v Speaker 1>all of the agencies they looked at, and only one

1:10:09.320 --> 1:10:13.400
<v Speaker 1>of those agencies, which was San Diego's Association of Governments,

1:10:13.680 --> 1:10:17.519
<v Speaker 1>had legislative approval for its policy. All the others were

1:10:17.560 --> 1:10:20.679
<v Speaker 1>just self appointed policies that had not passed through any

1:10:20.800 --> 1:10:24.960
<v Speaker 1>kind of official legislative support. Finally, the report asserted that

1:10:25.439 --> 1:10:29.120
<v Speaker 1>most of these systems did not have an official audit

1:10:29.200 --> 1:10:33.160
<v Speaker 1>process to determine if or when someone misuses the systems.

1:10:33.840 --> 1:10:37.760
<v Speaker 1>Nine agencies reported that they did have a process, but

1:10:38.040 --> 1:10:41.720
<v Speaker 1>only one provided Georgetown with any evidence that they had

1:10:41.720 --> 1:10:44.759
<v Speaker 1>a working audit system, and that was the Michigan State Police,

1:10:44.840 --> 1:10:47.479
<v Speaker 1>by the way, who said, we have an audit system,

1:10:47.640 --> 1:10:50.240
<v Speaker 1>and here's proof that it actually works the way we

1:10:50.320 --> 1:10:52.760
<v Speaker 1>said it did. So good on you, Michigan State for

1:10:53.479 --> 1:10:55.760
<v Speaker 1>having that system in place and being able to back

1:10:55.840 --> 1:11:00.400
<v Speaker 1>it up now. The Georgetown University report also urge some

1:11:00.479 --> 1:11:03.439
<v Speaker 1>major changes in the way law enforcement uses facial recognition,

1:11:03.479 --> 1:11:06.960
<v Speaker 1>including an appeal to Congress to create clear regulations to

1:11:07.040 --> 1:11:09.800
<v Speaker 1>define the parameters of when such a system could be used.

1:11:10.560 --> 1:11:13.880
<v Speaker 1>They also called for companies to publish processes that test

1:11:13.920 --> 1:11:17.760
<v Speaker 1>their products accuracy regardless of race, gender, and age to

1:11:17.920 --> 1:11:23.200
<v Speaker 1>remove that possibility of bias. And if we're being really

1:11:23.360 --> 1:11:27.880
<v Speaker 1>super kind and generous toward law enforcement, we could say

1:11:27.960 --> 1:11:31.520
<v Speaker 1>this is just another case where technology has clearly outpaced

1:11:31.800 --> 1:11:35.040
<v Speaker 1>the law we see that all the time. Driverless cars,

1:11:35.240 --> 1:11:40.320
<v Speaker 1>artificial intelligence, lots of different technologies are advancing far faster

1:11:40.760 --> 1:11:45.240
<v Speaker 1>than legislation can come up with. All right, that's fair,

1:11:45.680 --> 1:11:49.920
<v Speaker 1>we see it happen. However, it's particularly troublesome that this

1:11:50.120 --> 1:11:53.640
<v Speaker 1>is happening within law enforcement that is already employing this

1:11:53.800 --> 1:11:57.880
<v Speaker 1>technology before we've developed the policies to guide it. It's

1:11:57.920 --> 1:12:01.120
<v Speaker 1>one thing to say, someone's out here working on a

1:12:01.240 --> 1:12:04.040
<v Speaker 1>driverless car, and we need to start thinking about how

1:12:04.120 --> 1:12:07.200
<v Speaker 1>are we going to regulate that in the future. Maybe

1:12:07.360 --> 1:12:10.000
<v Speaker 1>right now we say you aren't allowed to operate your

1:12:10.080 --> 1:12:13.439
<v Speaker 1>driverless car until we figured this out. That's fair. It's

1:12:13.439 --> 1:12:17.080
<v Speaker 1>another thing to say, there's this technology that could potentially

1:12:17.360 --> 1:12:20.320
<v Speaker 1>impact people's lives and we're allowing law enforcement to use

1:12:20.400 --> 1:12:23.080
<v Speaker 1>it while we try and figure out the rules. That's

1:12:23.720 --> 1:12:28.439
<v Speaker 1>at best a problem. And as I said at the

1:12:28.520 --> 1:12:30.760
<v Speaker 1>top of the show, I'm really just talking about the

1:12:30.840 --> 1:12:34.200
<v Speaker 1>United States with particulars here, but this is happening all

1:12:34.240 --> 1:12:37.160
<v Speaker 1>around the world. There are lots of governments around the

1:12:37.240 --> 1:12:42.240
<v Speaker 1>world that are incorporating facial recognition software along with law enforcement.

1:12:42.760 --> 1:12:47.480
<v Speaker 1>So while I'm using specific US examples in this podcast,

1:12:48.080 --> 1:12:50.800
<v Speaker 1>the same is true for lots of other places. Of course,

1:12:51.160 --> 1:12:54.000
<v Speaker 1>the laws that protect the citizens can be different from

1:12:54.080 --> 1:12:57.240
<v Speaker 1>country to country. Um and in some cases there might

1:12:57.280 --> 1:13:00.880
<v Speaker 1>not be very many outlets for citizens to to voice

1:13:00.920 --> 1:13:03.800
<v Speaker 1>their concern, or it might even be dangerous to do so.

1:13:04.840 --> 1:13:06.720
<v Speaker 1>But this is something I think we need to be

1:13:06.800 --> 1:13:09.519
<v Speaker 1>aware of. I'm not generally the kind of person who

1:13:10.640 --> 1:13:12.760
<v Speaker 1>tells you that you're being watched or you know you

1:13:12.760 --> 1:13:15.800
<v Speaker 1>should be paranoid. But I'm also not the person to

1:13:15.960 --> 1:13:20.160
<v Speaker 1>just sit back and let something go on when I

1:13:20.280 --> 1:13:25.439
<v Speaker 1>feel like it's potentially more of a problem than a solution.

1:13:27.800 --> 1:13:32.479
<v Speaker 1>All Right, that's it. I'm done. It's an important topic,

1:13:33.040 --> 1:13:37.760
<v Speaker 1>and it's one that's still developing. Obviously, perhaps once legislation

1:13:37.840 --> 1:13:41.200
<v Speaker 1>has been passed, once regulations are in place, once we

1:13:41.600 --> 1:13:45.360
<v Speaker 1>have more definition about what law agencies can and cannot

1:13:45.439 --> 1:13:48.720
<v Speaker 1>do with this technology, maybe I'll revisit this topic and

1:13:48.880 --> 1:13:51.400
<v Speaker 1>talk about whether or not it works, or whether or

1:13:51.439 --> 1:13:54.439
<v Speaker 1>not it is a still a good idea or a

1:13:54.479 --> 1:13:57.519
<v Speaker 1>bad idea, or are there any other problems that we

1:13:57.600 --> 1:14:01.320
<v Speaker 1>did not anticipate when we had this podcast. But for now,

1:14:02.320 --> 1:14:05.240
<v Speaker 1>we can conclude this, and I hope to do a

1:14:06.280 --> 1:14:09.439
<v Speaker 1>more Zany Happy Fun tech Stuff for our next episode.

1:14:10.560 --> 1:14:13.479
<v Speaker 1>In the meantime, if you have any suggestions for future

1:14:13.520 --> 1:14:18.160
<v Speaker 1>topics for tech Stuff, email me. My email address is

1:14:18.360 --> 1:14:21.000
<v Speaker 1>tech stuff at how stuff works dot com, or you

1:14:21.040 --> 1:14:23.679
<v Speaker 1>can always drop me a line on Twitter or Facebook.

1:14:23.760 --> 1:14:26.320
<v Speaker 1>The handle for that the show is tech Stuff h

1:14:26.520 --> 1:14:29.439
<v Speaker 1>s W at both Facebook and Twitter. You can also

1:14:29.520 --> 1:14:32.240
<v Speaker 1>go to twitch dot tv slash tech stuff to watch

1:14:32.320 --> 1:14:35.760
<v Speaker 1>me live stream this show. If you want to see

1:14:35.840 --> 1:14:40.280
<v Speaker 1>me make mistakes live on camera and hear about these

1:14:40.360 --> 1:14:43.760
<v Speaker 1>podcasts about a month before they actually publish, you can

1:14:43.840 --> 1:14:46.559
<v Speaker 1>check it out a record on Wednesdays and Friday's Twitch

1:14:46.640 --> 1:14:49.519
<v Speaker 1>dot tv slash tech stuff for more details and I

1:14:49.600 --> 1:14:58.120
<v Speaker 1>will talk to you guys again really soon. For more

1:14:58.200 --> 1:15:00.479
<v Speaker 1>on this and thousands of other topics. Is that how

1:15:00.520 --> 1:15:01.479
<v Speaker 1>stuff works dot com.