DOI: 10.53136/979122182111613
Pages: 127-134
Publication date: November 2025
Publisher: Aracne
SSD:
IUS/10
ABSTRACT This article explores the growing use of facial recognition technology by U.S. law enforcement in the absence of a coherent federal framework. It reviews federal initiatives, state and local legislation, and recent case law, highlighting constitutional issues concerning privacy, anonymity, due process and equal protection. It concludes by calling for comprehensive, technology-neutral privacy legislation to protect fundamental rights.
KEYWORDS Facial Recognition Technology - U.S. Privacy Law - Constitutional Rights - Criminal Justice
TABLE OF CONTENTS 1. Introduction: The U.S. facial recognition landscape, in numbers. – 2. Part I: Federal legislative
efforts and the constitutional floor. – 2.1. Free speech and the right to anonymity. – 2.2. The right to privacy. – 2.3. The
right to a fair trial. – 2.4. Equal protection under the laws. – 3. Part II: State and local legislative approaches. – 3.1. Bans. –
3.2. Moratoria. – 3.3. Regulation. – 4. Part III: Facial recognition in criminal courts. – 4.1. Lynch v. Florida. – 4.2. New Jersey
v. Arteaga. – 5. Conclusion: Flipping the script.
