Maine Facial Recognition Law: A Bipartisan Win for Privacy

Maine's Landmark Facial Recognition Law

The state of Maine has recently aligned itself with a growing trend of municipalities, counties, and states in opposing the implementation of potentially harmful surveillance technologies, specifically facial recognition systems.

This newly enacted legislation represents the most robust statewide regulation of facial recognition in the nation. It garnered widespread, bipartisan approval, passing unanimously through both legislative chambers. A diverse coalition, encompassing lawmakers and advocates across the political spectrum – including the bill’s sponsor and Republican committee members, as well as the ACLU of Maine and state law enforcement – collaborated to achieve this significant win for privacy rights.

A National Movement

Maine’s action is the latest in a nationwide effort, spearheaded by grassroots activists and organizations like the ACLU, to either ban or strictly regulate facial recognition technology. From Maine to California, these initiatives demonstrate a growing understanding that technological advancements should not dictate the limits of our fundamental freedoms in the digital age.

Facial recognition technology presents a substantial risk to both civil rights and liberties. Without proper democratic oversight, this technology could be exploited by governments for widespread surveillance, jeopardizing freedoms of speech, assembly, due process, and the right to privacy. The very foundation of democracy is threatened if this technology remains unregulated.

The negative impacts of facial recognition are not distributed evenly. Communities of color – particularly Black and brown communities, as well as Muslim and immigrant populations – are disproportionately targeted by discriminatory government surveillance. Furthermore, algorithms used in face surveillance often exhibit inaccuracies when analyzing the faces of individuals with darker skin tones, women, the elderly, and children. The technology is problematic regardless of its functionality.

Distinguishing Approaches to Regulation

However, it’s important to note that not all regulatory approaches are equivalent. Maine is among the first states to enact comprehensive statewide regulations. Washington previously passed a weaker law, despite opposition from civil rights, community, and religious liberty groups. This Washington law was largely influenced by substantial support from Microsoft, a major technology corporation based in the state.

Washington’s legislation would still permit technology companies to sell their facial recognition technology – valued at millions of dollars – to a wide range of government agencies.

Conversely, Maine’s law prioritizes the interests of its citizens over the financial gains of private companies.

Key Provisions of Maine’s Law

Maine’s new law generally prohibits the use of facial recognition technology by government entities, including public schools and for general surveillance. It does establish specific, limited exceptions for law enforcement use, outlining standards to prevent potential abuse. Crucially, the law prohibits using facial recognition to monitor individuals engaged in everyday activities, such as attending political gatherings, participating in protests, visiting loved ones, or seeking medical care.

Under Maine’s law, law enforcement agencies must now, among other requirements, establish probable cause before requesting a facial recognition search. A facial recognition match cannot be the sole justification for an arrest or search. Additionally, local police departments are prohibited from purchasing, possessing, or utilizing their own facial recognition software, preventing the use of controversial technologies like Clearview AI by Maine government officials.

The Need for Federal Legislation

Maine’s law, along with similar legislation, is vital for protecting communities from the potential harms of emerging surveillance technologies like facial recognition. However, a comprehensive federal approach is necessary to effectively safeguard the privacy of all Americans. Therefore, support for the Facial Recognition and Biometric Technology Moratorium Act, currently before Congress, is essential.

The ACLU advocates for this federal legislation to protect all individuals in the United States from intrusive surveillance. We encourage all citizens to urge their congressional representatives to support this crucial bill and join the movement to halt the proliferation of facial recognition technology.