Republish
Facial recognition regulation: AB 2261 offers flimsy protections
We love that you want to share our stories with your readers. Hundreds of publications republish our work on a regular basis.
All of the articles at CalMatters are available to republish for free, under the following conditions:
-
- Give prominent credit to our journalists: Credit our authors at the top of the article and any other byline areas of your publication. In the byline, we prefer āBy Author Name, CalMatters.ā If youāre republishing guest commentary (example) from CalMatters, in the byline, use āBy Author Name, Special for CalMatters.ā
-
- Credit CalMatters at the top of the story: At the top of the storyās text, include this copy: āThis story was originally published by CalMatters. Sign up for their newsletters.ā If you are republishing commentary, include this copy instead: āThis commentary was originally published by CalMatters. Sign up for their newsletters.ā If youāre republishing in print, omit the second sentence on newsletter signups.
-
- Do not edit the article, including the headline, except to reflect relative changes in time, location and editorial style. For example, āyesterdayā can be changed to ālast week,ā and āAlameda Countyā to āAlameda County, Californiaā or āhere.ā
-
- If you add reporting that would help localize the article, include this copy in your story: āAdditional reporting by [Your Publication]ā and let us know at republish@calmatters.org.
-
- If you wish to translate the article, please contact us for approval at republish@calmatters.org.
-
- Photos and illustrations by CalMatters staff or shown as āfor CalMattersā may only be republished alongside the stories in which they originally appeared. For any other uses, please contact us for approval at visuals@calmatters.org.
-
- Photos and illustrations from wire services like the Associated Press, Reuters, iStock are not free to republish.
-
- Do not sell our stories, and do not sell ads specifically against our stories. Feel free, however, to publish it on a page surrounded by ads you’ve already sold.
-
- Sharing a CalMatters story on social media? Please mention @CalMatters. We’re on X, Facebook, Instagram, TikTok and BlueSky.
If youād like to regularly republish our stories, we have some other options available. Contact us at republish@calmatters.org if youāre interested.
Have other questions or special requests? Or do you have a great story to share about the impact of one of our stories on your audience? Weād love to hear from you. Contact us at republish@calmatters.org.
Facial recognition regulation: AB 2261 offers flimsy protections
Share this:
By Vinhcent Le, Special to CalMatters
Vinhcent Le is a Technology Equity Attorney at the Greenlining Institute, vinhcentl@greenlining.org. He wrote this commentary for CalMatters.
As more companies use facial recognition systems to analyze and grade your facial movements, eye contact and smile, concerns grow stronger with the need to regulate such invasive technology.
While it purports to be privacy-protective, Assembly Bill 2261, which is backed by Big Tech and strongly opposed by civil rights and labor organizations, gives companies extraordinary leeway to use these systems to deny people jobs and financial services, or charge higher premiums for health insurance.
The economic risks posed by facial recognition technology arenāt theoretical. More and more companies, including major employers like Hilton and Unilever, are using facial recognition technology to make hiring decisions. Their systems grade your facial movements to generate a pseudoscientific āemployabilityā score that can determine if you get the job.
Itās not just employers using this technology. Banks and insurers are rolling out these facial recognition systems to determine how much you pay for health insurance or if you qualify for a loan. Banks claim their face scans can determine honesty and trustworthiness by scanning for āsuspiciousā facial expressions.
Meanwhile health insurers are using their facial recognition tools to charge overweight customers higher premiums. Researchers call these technologies ādigital snake oilā and a ālicense to discriminateā because thereās no scientific evidence that facial expressions can predict job performance, health or creditworthiness.
Whatās more, these systems can penalize people who are from different cultures, or are simply nervous about having their face scanned and judged by an algorithm.
The regulations in AB 2261, which is up for consideration by the Assembly Appropriations Committee this week, are mere formalities that tech and surveillance companies can easily bypass.
If this bill passes, these companies will see this law as an invitation to stay the course. They will keep building and selling facial recognition systems to our detriment. They will double-down on their plans for a future in which facial recognition technology can hold sway over critical decisions that shape our lives ā including whether weāre turned down for jobs, denied loans, faced with unnecessary legal fees, charged more for insurance, and even excluded from businesses and essential services.
Californians are facing huge economic losses right now. As counties begin to reopen, lawmakers must address the economic strain the COVID19 pandemic has put on our communities and the growing financial crisis their constituents have had to endure. Lawmakers must prioritize legislation that protects their ability to recover financially, not bills that allow massive corporations to deploy barriers to employment and financial stability.
While we work to recover from layoffs, interrupted work schedules and lost income, AB 2261 would allow companies to push harmful technologies deeper into our lives without ensuring that they even work properly.
This bill does not require facial recognition companies to actually test if their systems are accurate and fair ā instead passing that responsibility to unspecified āthird parties.ā We need much more than these flimsy protections as facial recognition technology increasingly acts as a gatekeeper to jobs, health care and economic opportunity.
In a moment when so many of us are struggling, economic discrimination via facial surveillance is the last thing we need. Our legislators should vote no on AB 2261.Ā
_____
Vinhcent Le is a Technology Equity Attorney at the Greenlining Institute, vinhcentl@greenlining.org. He wrote this commentary for CalMatters.