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9 S. Cal. Interdisc. L. J. 295 (1999-2000)
Facial Recognition Technology, Video Surveillance, and Privacy

handle is hein.journals/scid9 and id is 301 raw text is: NOTES
FACIAL RECOGNITION TECHNOLOGY,
VIDEO SURVEILLANCE, AND PRIVACY
CHRISTOPHER S. MILLIGAN*
You are on a video camera an average often times a day. Are you dressed
for it?**
I. INTRODUCTION
A.   BACKDROP TO THE FISHBOWL
1. Orvellian Reflections
The telescreen received and transmitted simultaneously. Any sound that
Winston made, above the level of a very low whisper, would be picked up
by it; moreover, so long as he remained within the field of vision which
the metal plaque commanded, he could be seen as well as heard. There
was of course no way of knowing whether you were being watched at any
given moment. How often, or on what system, the Thought Police
plugged in on any individual wire was guesswork. It was even conceivable
that they watched everybody all the time. But at any rate they could plug
in your wire whenever they wanted to. You had to live-did live, from
habit and instinct-in the assumption that every sound you made was
overheard, and, except in darkness, every movement scrutinized.!
Of course, with night vision enhancement, Winston's movements could
now be observed even in the black pitch of night. Today, the warnings of
Orwell and others seem almost clich6. The United States is not the
totalitarian society that Orwell envisioned. That Orwell's warnings do seem
clich6 perhaps means it is wise to be wary lest we become immune to
intrusions on our privacy and personal autonomy.
* J.D. candidate, University of Southern California Law School, 2000. B.A., University of
California, San Diego, 1996. The author would like to thank Professor Michael H. Shapiro for serving
as his faculty advisor and the members of the Southern California Interdisciplinary Law Journal for
their help in editing this Note. Thanks also to Eugenia Chiang for all of her help and support.
.. Taken from an October 1998 Kenneth Cole advertisement in the Century City Shopping Mall,
Los Angeles, California. A more appropriate question might be Are you dressed at all? Video
surveillance has the ability to strip individuals of their privacy while making them feel naked before it.
' GEORGE ORWELL, 1984, at 6-7 (New American Library, Inc. 1961) (1949). Winston is the main
character in the novel.

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