75 Wash. & Lee L. Rev. Online 1 (2018)

handle is hein.journals/waleelro75 and id is 1 raw text is: 








                  Chilling: The Constitutional
      Implications of Body-Worn Cameras

      and Facial Recognition Technology at
                                     Public Protests


                                         Julian R. Murphy*


                            Abstract

    In recent years body-worn cameras have been championed by
community groups, scholars, and the courts as a potential check on
police misconduct. Such has been the enthusiasm for body-worn
cameras that, in a relatively short time, they have been rolled out to
police departments across the country. Perhaps because of the
optimism   surrounding  these devices there  has  been  little
consideration of the Fourth Amendment issues they pose, especially
when they are coupled with facial recognition technology (FRT).
There is one particular context in which police use of FRT equipped
body-worn cameras is especially concerning: public protests. This
Comment constitutes the first scholarly treatment of this issue. Far
from a purely academic exercise, the police use of FRT equipped
body-worn cameras at public protests is sure to confront the courts
soon. Many police departments have, or will soon have, body-worn
cameras equipped with real time FRT and a number of police
departments do not prohibit their members from recording public
protests. Although primarily descriptive-exploring the state of
current Fourth Amendment doctrine by predicting its application
to a hypothetical scenario-this Comment has a normative subtext;
namely, suggesting that First Amendment values can strengthen
the  Fourth  Amendment's protections   against the   tide of
technologically enhanced mass surveillance.

    *  Columbia Law School, Postgraduate Public Interest Fellow. BA (Hons);
LLB (Hons) (Melb); LLM (Columbia). I would like to thank Steven R. Shapiro for
his remarks on an earlier version of this Comment. Of course, all opinions and
errors are my own.

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