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18 Duke L. & Tech. Rev. 249 (2020)

handle is hein.journals/dltr18 and id is 1 raw text is: 






   THE DANGER OF FACIAL RECOGNITION IN
           OUR CHILDREN'S CLASSROOMS

                             NILA BALAt
                             ABSTRACT
    The use offacial recognition in classrooms to monitor students'
    performance  is already happening in China and  soon may  be
    coming  to the West. Surveilling students in their classrooms
    presents a number  of potential harms: (1) it implicates their
    privacy, (2) it could have profound effects on their development
    and stigmatizes youth who develop differently, and (3) it might
    amplify current inequities in our school system. Additionally,
    there are societal harms from this practice to our democratic
    society. To the  extent that educators wish  to  employ  this
    technology, our current legal regime is inadequate to mitigate
    the harms. While some changes could be made  to better protect
    privacy and equity, ultimately, lawmakers and schools should
    consider banningfacial recognition within classrooms.


                          INTRODUCTION
        Schools in China have recently reported using facial recognition
to monitor how  attentive students are in the classroom.' Cameras are
installed above the blackboard and, by identifying facial expressions, the
system determines whether children are focused on their lessons.2 If not,
the computer feeds this information back to the teacher who grades the
students accordingly.
        The use of facial recognition technology in the classroom may
soon be coming to the West. Americans are already contemplating its use
here. Researchers at North  Carolina State University have  recorded
students' faces while they were  using a computer  coding tutorial to

SAssociate Director of Criminal Justice Policy, R Street Institute. J.D. 2012,
Yale Law School; B.A. 2008, Stanford University. The views expressed in this
article are solely those of the author and not of R Street Institute.
1 Xinmei Shen, China is Putting Surveillance Cameras in Plenty ofSchools,
TECH IN ASIA (Jan. 22, 2019), https://www.techinasia.com/china-putting-
surveillance-cameras-plenty-schools.
2 Rachel England, Chinese School Uses Facial Recognition to Make Kids Pay
Attention, ENGADGET (May 17, 2018),
https://www.engadget.com/2018/05/17/chinese-school-facial-recognition-kids-
attention/.

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