A bipartisan effort from US senators Jeff Merkley (D-Oregon) and John Neely Kennedy (R-Louisiana) seeks to limit the US Transportation Security Authority’s (TSA’s) use of facial recognition systems powered by artificial intelligence (AI).
The senators intend to introduce a revised version of a 2023 bill titled “The Traveler Privacy Protection Act” that would reverse a decision to make facial recognition the default method of identification verification and limit its use to travelers who’ve chosen to opt-in. The new bill would also limit the use of such technologies to ID verification purposes exclusively and require the TSA to guarantee that data obtained for verification purposes is not stored.
In an interview with the Washington Post, Merkley stated that “facial recognition is incredibly powerful,” and was being used “as an instrument of oppression around the world to track dissidents whose opinions governments don’t like.” He added that its use “creates a surveillance state” and “a massive threat to freedom and privacy … I don’t think we should trust any government with that power.”
Kennedy, in an emailed statement to the Post, reiterated Merkley’s sentiments and said, “the TSA subjects countless law-abiding Americans to excessive facial recognition screenings as they travel.” He referred to the use of such AI-powered tools as an invasion of travelers’ privacy.
Both senators lamented the fact that many passengers weren’t aware of the current opt-out procedure for facial recognition and vowed to make human ID checks and verification the default.
Facial recognition expands as REAL ID requirements take effect
The shift comes as the TSA’s May 7 deadline for the use of REAL ID passed in all 50 US states. Per the TSA’s website, “anyone 18 years and older that plans to fly domestically or visit certain Federal facilities will need a REAL ID or another acceptable form of identification.”
However, just having a REAL ID won’t be sufficient to fast-track travelers through security. Even pre-registered flyers will require additional verification through either facial recognition or human ID verification to pass through security checkpoints.
According to the TSA’s website, the latest generation of facial recognition hardware systems “are currently deployed at nearly 84 airports nationwide and will expand to the more than 400 federalized airports over the coming years.” The US currently has approximately 503 airports servicing commercial flights.
Refusal won’t extend wait times, according to the TSA
Travelers who refuse facial recognition and opt for human verification will not be subject to longer wait times, according to the TSA. However, a 2023 report from the Washington Post indicated that Senator Merkley himself was told explicitly by a transit authority employee that declining the process would result in a significant delay.
It’s unclear whether the proposed bill would address such claims, and the TSA did not respond to requests for comment. It has, however, maintained that the use of facial recognition services has been employed to make travel safer and to streamline the security process.
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