Timothy J. Pastore, Esq. Duval & Stachenfeld LLP Artificial Intelligence in Security Systems Preliminary Legal and Privacy Implications Timothy J. Pastore, Esq. Duval & Stachenfeld LLP

Professional Background Education Bucknell University Boston College Law School Public Service U.S. Air Force Captain Assistant Staff Judge Advocate (JAG) U.S. Department of Justice Special Assistant U.S. Attorney Private Practice Buchanan Ingersoll PC Associate/Shareholder Duval & Stachenfeld LLP Partner Electronic Security Experience Over 50 matters in federal and state courts around the country, plus select transactional and advisory experience.

Representative Clients Comcast Broadband Security Cox Communications Charter Communications (Time Warner Cable) Mediacom Altice USA (and Suddenlink) Protection One Alarm Monitoring, Inc. Criticom Monitoring Services Integrated Alarm Services Group

Minority Report Washington, DC – 2054 PreCrime Unit Captain John Anderton (Tom Cruise) Optical Scans Privacy??????

Secret Service Facial Recognition Trial The U.S. Secret Service announced in November 2018 that it will operate a facial recognition pilot at the White House. They will use biometrics – to track the identity of certain volunteers in public spaces around the complex. Captured images will be compared to images in an existing image database The ultimate goal is to use facial recognition technologies on known trouble- makers prior to direct engagement with law enforcement. Known Troublemaker

Secret Service Facial Recognition Trial First area - open setting Individuals are free to approach from any angle. Environmental factors will vary (e.g., lighting, distance, shadows, physical obstructions). Second area - more controlled Evenly lighted. Free from other obstructions. For both locations, Technology can capture facial images out to approximately 20 yards. The captured images are cross checked against an existing electronic database of facial images. Looking to determine if there is a match of interest to the Secret Service.

Legal Considerations: Privacy Secret Service Other government agency Private company Same implication: Privacy Your facial image is considered “personally identifiable information” under the law Captured/analyzed/stored – invokes privacy laws and protections and private causes of action.

Risk: Public Unaware/Lack of Consent Privacy Risk Individual members of the public may be unaware that their facial images are being captured, processed algorithmically, and compared to existing images in a pre-determined gallery/database. Mitigation Notice through public communications channels (as the Secret Service did with their project). Notice posted in the physical location This affords the public some opportunity to “opt-out” of the surveillance. Images determined not to be a match must be immediately and automatically deleted from the database by the AI.

Risk: PII Used For Unauthorized Purposes Privacy Risk The images could be used for unauthorized purposes. Mitigation Only PII that is directly relevant and necessary should be collected. PII should be archived only for as long as is necessary. The PII should be stored in a stand-alone server. Only a limited set of personnel should have access. Those with access should be trained on appropriate privacy practices.

Risk: Mismatched Images – Not Caught by AI Privacy Risk Facial images received from the video stream may incorrectly show as a match, resulting in PII being retained unnecessarily. Mitigation There is always a risk of false positive matches. Operators can mitigate this risk by: Limiting the underlying image database Confirming matches with human, not artificial, intelligence. Yes, there is a still a role for humans!

Mismatched Facial Images – Old School

Mismatched Faces Led To Fingerprinting

Duval & Stachenfeld LLP Timothy J. Pastore, Esq. Duval & Stachenfeld LLP 555 Madison Avenue New York, NY 10022 212-692-5982 tpastore@dsllp.com