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16 Va. J.L. & Tech. 430 (2011)
Face-Recognition Surveillance: A Moment of Truth for Fourth Amendment Rights in Public Places

handle is hein.journals/vjolt16 and id is 430 raw text is: VIRGINIA JOURNAL OF LAW & TECHNOLOGY FALL 2011 UNIVERSITY OF VIRGINIA VOL. 16, No. 03 Face-Recognition Surveillance: A Moment of Truth for Fourth Amendment Rights in Public Places DOUGLAS A. FRETTYt ABSTRACT Americans are increasingly monitored with face-recognition technology (FRT), a surveillance tool that allows the state to identify a pedestrian based on a pre-existing database of facial photographs. This Article argues that FRT embodies the fundamental Fourth Amendment dilemmas raised by contemporary digital surveillance and will serve as a harbinger for the Amendment's future. FRT cases will test whether people retain a reasonable expectation of privacy in their identities when they move in public, and whether the aggregation of information about a person's movements amounts to an unreasonable search. Further, the suspicionless identification of pedestrians will test whether a seizure can occur without the government's halting a person's locomotion, and whether the probable- cause standard is offended by FRT software's substantial false-positive rate. The compiling of photo databases should also push courts to decide whether the third-party disclosure doctrine is tenable in an age when Americans routinely disclose personal information to ISP providers. P 2011 Virginia Journal of Law & Technology Association, at http://www.vjolt.net. T Douglas Fretty is an associate at Irell & Manella, LLP, in Los Angeles, California. He received his J.D. in 2011 from UCLA School of Law and his B.A. in 2005 from Brown University. VIRGINIAJOURNAL OF LAW & TECHNOLOGY Vol. 16 No. 03

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