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

2. 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.

3. 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

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

5. 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

6. 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.

7. 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.

8. 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.

9. 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.

10. 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!

11. Mismatched Facial Images – Old School

12. Mismatched Faces Led To Fingerprinting

13. Duval & Stachenfeld LLP
Timothy J. Pastore, Esq.
Duval & Stachenfeld LLP
555 Madison Avenue
New York, NY 10022