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AI facial recognition tech has a dark side, as Rite Aid case shows

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Artificial intelligence facial recognition technology is used at airports, grocery stores, stadiums and entertainment venues. People even use it to unlock their smartphones several times a day. However, computers don’t always get things right.

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The biometric face-scanning technology is growing in popularity among private businesses. However, what happens when proper safety measures are not put in place?

Tuesday, Dec. 19, the Federal Trade Commission (FTC) cracked down on pharmacy chain Rite Aid, banning the retail store from using AI facial recognition for the next five years.

In a federal complaint, the FTC accused Rite Aid of using the technology without warning customers. The agency also said the system sparked false positive alerts, flagging “customers as matching someone who had previously been identified as a shoplifter.”

The false alerts prompted Rite Aid employees to follow customers in the store, search them, ask them to leave, or call the police, despite the customers not engaging in any criminal activity.

In February, Porcha Woodruff was 8 months pregnant and getting her two children ready for school in Detroit, when the cops knocked on her door and said she was under arrest for a carjacking. However, she did not commit the crime.

The events all started when an automated facial recognition search mistakenly matched video evidence with Woodruff’s mugshot photo, which was taken 8 years prior for driving with an expired license.

Woodruff spoke with WXYZ-TV about the ordeal and recalled being afraid.

“My kids were there crying, and I’m just stuck because I’m like, ‘What am I going to do? These people are telling me they’re trying to arrest me and take me to jail for something I have no clue or no idea about,” Woodruff said.

She later filed suit against the Detroit Police Department for false imprisonment.

A study by the National Institute of Standards and Technology found that Black and Asian people are 10-100 times more likely to be falsely matched using facial recognition when compared with white people.

According to The Innocence Project, six people have already reported being accused of a crime following a false positive facial match. All six people were Black.

Earlier in 2023, customers filed a class-action lawsuit against Amazon Go in New York City for failing to notify customers the biometric technology was tracking their information. The lawsuit was filed one year after a law went into effect that requires businesses to post signs if they’re using the technology.

But despite the dark side, stadiums and music venues across the country are also implementing the AI technology for “faster, touchless entry,” and even shorter lines to snag some food or beer during halftime.

Cleveland’s First Energy Field, CITI Field in New York City, and the Rose Bowl in California have all implemented some form of facial recognition technology.

At dozens of airports, Clear, a private security screening company, plans to unveil the tech at its screening checkpoints in 2024. The Transportation Security Administration also announced it would implement AI facial recognition.

Privacy advocates and critics of AI facial recognition have warned that regulation on the technology is limited, and that personal information could end up in the wrong hands.

Meanwhile, proponents of the rising AI software argue that facial recognition helps companies achieve a safe and secure operation.

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[LAUREN TAYLOR]

IT’S USED AT AIRPORTS, GROCERY STORES, STADIUMS, EVEN ENTERTAINMENT VENUES. I’M TALKING ABOUT FACIAL RECOGNITION TECHNOLOGY AND WHAT HAPPENS WHEN COMPUTERS GET IT WRONG.

[AUSTIN LOVE / WKYC REPORTER]

“it’s called the express access program. And basically it’s like a fast pass if you go to Cedar Point just go right up to the line. It’s free and all you need is the ole money maker.”

[LAUREN TAYLOR]

YOU MAY EVEN USE IT TO UNLOCK YOUR SMART PHONE SEVERAL TIMES A DAY.

THE BIOMETRIC FACE SCANNING TECHNOLOGY IS GROWING IN POPULARITY AMONG PRIVATE BUSINESSES.

BUT WHAT HAPPENS WHEN PROPER SAFETY MEASURES AREN’T PUT IN PLACE?

THIS WEEK – THE FEDERAL TRADE COMMISSION CRACKED DOWN ON PHARMACY CHAIN -RITE AID – BANNING THE RETAIL STORE FROM USING A-I FACIAL RECOGNITION FOR THE NEXT FIVE YEARS.

IN A FEDERAL COMPLAINT — THE FTC ACCUSED RITE AID OF USING THE TECHNOLOGY WITHOUT WARNING CUSTOMERS – AND SAID THE SYSTEM SPARKED FALSE POSITIVE ALERTS – FLAGGING “CUSTOMERS AS MATCHING SOMEONE WHO HAD PREVIOUSLY BEEN IDENTIFIED AS A SHOPLIFTER” PROMPTING RITE AID EMPLOYEES TO FOLLOW CUSTOMERS AROUND THE STORE, SEARCH THEM, ASK THEM TO LEAVE, OR EVEN CALL THE POLICE. ALL WHILE THE CUSTOMER HAD NOT ENGAGED IN ANY TYPE OF CRIMINAL ACTIVITY.

BACK IN FEBRUARY – PORCHA WOODRUFF WAS 8-MONTHS PREGNANT AND GETTING HER TWO CHILDREN READY FOR SCHOOL ONE MORNING IN DETROIT – WHEN SHE SAYS THE COPS KNOCKED ON HER DOOR AND SAID SHE WAS UNDER ARREST FOR A CARJACKING.
IT WAS A CRIME SHE DID NOT COMMIT, AND IT ALL STARTED WITH AN AUTOMATED FACIAL RECOGNITION SEARCH.

THAT MISTAKENLY MATCHED VIDEO EVIDENCE WITH HER MUGSHOT PHOTO – TAKEN 8 YEARS PRIOR FOR DRIVING WITH AN EXPIRED LICENSE.

WOODRUFF SPOKE WITH WXYZ-TV IN DETROIT ABOUT THE HARROWING ORDEAL.

[Porcha Woodruff / Falsely accused of committing crime]

“I was scared, I was afraid. My kids were there crying and I’m just stuck because I’m like ‘what am I gonna do?’ These people are telling me they’re trying to arrest me and take me to jail for something I have no clue or no idea about.”

[LAUREN TAYLOR]

WOODRUFF – FILED SUIT AGAINST THE DETROIT POLICE DEPARTMENT FOR FALSE IMPRISONMENT.

ACCORDING TO A STUDY BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY – BLACK AND ASIAN PEOPLE ARE 10 TO 100 TIMES MORE LIKELY TO BE FALSELY MATCHED USING FACIAL RECOGNITION COMPARED WITH WHITE PEOPLE.

And ACCORDING TO THE INNOCENCE PROJECT – THEY KNOW OF SIX PEOPLE WHO REPORTED BEING FALSELY ACCUSED OF A CRIME FOLLOWING A FALSE POSITIVE FACIAL MATCH – AND ALL SIX PEOPLE WERE BLACK.

EARLIER THIS YEAR – CUSTOMERS FILED A CLASS-ACTION LAWSUIT AGAINST ‘AMAZON GO’ IN NEW YORK CITY – FOR FAILING TO NOTIFY CUSTOMERS THE BIOMETRIC TECHNOLOGY WAS TRACKING THEIR INFORMATION. THAT’SONE YEAR AFTER A LAW WENT INTO EFFECT – REQUIRING BUSINESSES TO POST SIGNS IF THEY’RE USING THE TECHNOLOGY.

BUT DESPITE THE DARK SIDE —
STADIUMS AND MUSIC VENUES ACROSS THE COUNTRY ARE ALSO IMPLEMENTING THE TECHNOLOGY – FOR “FASTER, TOUCHLESS ENTRY” – AND EVEN SHORTER LINES TO SNAG SOME FOOD OR BEER DURING HALFTIME.

FIRST ENERGY FIELD IN CLEVELAND, OHIO… CITI FIELD IN NYC.. AND THE ROSE BOWL IN PASADENA, CALIFORNIA – HAVE ALL IMPLEMENTED SOME FORM OF FACIAL RECOGNITION TECHNOLOGY.

AT DOZENS OF AIRPORTS — “CLEAR” – THE PRIVATE SECURITY SCREENING COMPANY – PLANS TO UNVEIL THE TECH AT ITS SCREENING CHECKPOINTS IN 2024.

THE TRANSPORTATION SECURITY ADMINISTRATION ALSO ANNOUNCED IT WOULD IMPLEMENT A-I FACIAL RECOGNITION.

PRIVACY ADVOCATES AND CRITICS OF A-I FACIAL RECOGNITION TECHNOLOGY HAVE WARNED – REGULATION ON THE TECHNOLOGY IS LIMITED – AND THAT YOUR PERSONAL INFORMATION COULD END UP IN THE WRONG HANDS.

PROPONENTS OF THE RISING A-I SOFTWARE ARGUE – FACIAL RECOGNITION HELPS COMPANIES ACHIEVE A SAFE AND SECURE OPERATION.