scholarly journals Fly in the Face of Bias: Algorithmic Bias in Law Enforcement’s Facial Recognition Technology and the Need for an Adaptive Legal Framework

2021 ◽  
Vol 13 (12) ◽  
pp. 6900
Author(s):  
Jonathan S. Talahua ◽  
Jorge Buele ◽  
P. Calvopiña ◽  
José Varela-Aldás

In the face of the COVID-19 pandemic, the World Health Organization (WHO) declared the use of a face mask as a mandatory biosafety measure. This has caused problems in current facial recognition systems, motivating the development of this research. This manuscript describes the development of a system for recognizing people, even when they are using a face mask, from photographs. A classification model based on the MobileNetV2 architecture and the OpenCv’s face detector is used. Thus, using these stages, it can be identified where the face is and it can be determined whether or not it is wearing a face mask. The FaceNet model is used as a feature extractor and a feedforward multilayer perceptron to perform facial recognition. For training the facial recognition models, a set of observations made up of 13,359 images is generated; 52.9% images with a face mask and 47.1% images without a face mask. The experimental results show that there is an accuracy of 99.65% in determining whether a person is wearing a mask or not. An accuracy of 99.52% is achieved in the facial recognition of 10 people with masks, while for facial recognition without masks, an accuracy of 99.96% is obtained.


2021 ◽  
pp. 1-30
Author(s):  
Alvin Hoi-Chun Hung

Abstract This paper analyses how the legal consciousness of Chinese enterprise managers has transformed in the face of drastic changes brought along by major events in socialist China. During the past 70 years, there have been in place a series of radical and pervasive changes in the legal framework constituted by a communist system frequented by mass political campaigns, trailed by a massive liberalized move towards a market economy. By building upon the thesis of legal-consciousness narratives suggested by Ewick and Silbey, this paper discusses how Chinese managers have evolved through various states of “With the Law,” “Against the Law,” and “Under the Law” legal consciousness. It is suggested that, in the coming era of globalization under socialist China, Chinese enterprise managers may start to embrace a new narrative of legal consciousness—“In the Law”—by participating more actively in the socialist system with Chinese characteristics.


2021 ◽  
pp. 25-62
Author(s):  
Camille Goodman

This Chapter outlines the legal framework for the regulation of living resources in the exclusive economic zone (EEZ) as established in the 1982 United Nations Convention on the Law of the Sea (LOSC) and other relevant international instruments. It demonstrates how the LOSC seeks to balance the competing interests of coastal and flag States and argues that while the ‘non-specific’ standards established in the LOSC have subsequently been strengthened by the recognition of additional conservation and management concepts, the basic rights and obligations of coastal States remain ambiguous, open-ended, and highly qualified. In order to clarify this ambiguity, it looks beyond the basic list of rights and duties set out on the face of the LOSC to establish what coastal States must, may, and must not do in exercising their sovereign rights over living resources in the EEZ. It examines the approaches taken by international courts and tribunals in reviewing the innovations and interpretations offered by coastal States in their implementation of the LOSC, and identifies the broader, normative principles that constrain and enable coastal State jurisdiction in the EEZ. This includes discussion of the rules of due regard and due diligence, the role of the margin of appreciation doctrine, and the extent to which a coastal State may act to protect—or prevent interference with—its sovereign rights. The Chapter concludes by drawing these concepts together to outline the basic framework that governs the continuum of jurisdiction over living resources in the EEZ.


2016 ◽  
Vol 33 (S1) ◽  
pp. S483-S483
Author(s):  
D. McGuinness ◽  
A. Higgins ◽  
B. Hallahan ◽  
E. Bainbridge ◽  
C. McDonald ◽  
...  

IntroductionThe Mental Health Act 2001 provides a legal framework for the involuntary admission and treatment of individuals deemed to have a mental disorder to psychiatric units. The perspectives of people who have been detained are relatively poorly understood.ObjectiveTo develop a theoretical understanding of individual's experiences throughout the trajectory of their detention and to understand the psychological and social processes that individuals use to cope before, during and after detention.MethodsFifty individuals subject to detention across three psychiatric units consented to be interviewed three months after their detention. Using a semi-structured interview people recounted their experiences. Interviews were analysed using the principles underpinning Grounded Theory.ResultsThe theory ‘Preserving Control’ encapsulates individuals’ experiences and consists of three related themes: ‘Losing Control’, ‘Regaining Control’ and ‘Maintaining Control’. ‘Losing Control’ describes individuals’ experiences of losing their autonomy and liberty thought the process of detention and hospitalisation. ‘Regaining Control describes, the strategies individuals used in an attempted to restore their loss of autonomy and control. ‘Maintaining Control’ describes how individuals lived with the consequences of detention and contended with impact on discharge.ConclusionsWhilst a large variation existed in relation to the subjective experience of being detained, the characteristic process that individuals tend to experience related to identifiable phases of preserving control in the face of this loss of autonomy. Findings from this study highlight the importance of more sensitive interactions support and information during and after the detention process.Disclosure of interestThe authors have not supplied their declaration of competing interest.


Author(s):  
Noradila Nordin ◽  
Nurul Husna Mohd Fauzi

Attendance marking in a classroom is one of the methods used to track the student’s presence in the lecture. The conventional method that is being enforced has shown to be vulnerable, inaccurate and time-consuming especially in a large classroom. It is difficult to identify absentees and proxy attendees based on the conventional attendance marking method. In order to overcome the challenges faced in the conventional method, a web-based mobile attendance system with facial recognition feature is proposed. It incorporated the existing mobile devices with a camera and the face recognition system to allow the attendance system to be used in classrooms automatically and efficiently with minor implementation requirements. The system prototype received positive responses from the volunteers who tested the system to replace the conventional attendance marking.


2020 ◽  
Vol 74 ◽  
pp. 03006
Author(s):  
Irena Nesterova

The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of its regulation in Europe and the US. The paper will reveal how these technologies may significantly undermine fundamental rights, in particular the right to privacy, and may lead to prejudice and discrimination. Moreover, alongside the risks to fundamental rights a wider impact of these surveillance technologies on democracy and the rule of law needs to be assessed. Although the existing laws, in particular the EU General Data Protection Regulation already imposes significant requirements, there is a need for further guidance and clear regulatory framework to ensure trustworthy use of facial recognition technology.


Public ◽  
2020 ◽  
Vol 30 (60) ◽  
pp. 142-155
Author(s):  
Kristina Fiedrich

The face is a bodily surface that visually, historically and politically locates identity. Under the scrutiny of facial recognition and biometric software, the face can take the place of a whole identity, becoming a rigid singular representation. This paper draws connections between the increasing trends in surveillance and biometric technologies, and their manifestation within contemporary art practices. Specifically, I look to artworks that engage traditional portraiture and representations of the face, all the while manipulating expectations of the face-as-portrait. Artworks included in this project are Ursula Johnson’s L’nuweltik (We are Indian), Gillian Wearing’s Self Portrait at Twenty Seven Years Old and Anthony Cerniello’s Danielle. How has the face come to be represented in contemporary portraiture, and might these representations suggest a shifting logic of identity, away from the face? Art as visual expression is considered in relation to surveillance as another outcome of visual culture that highlights a continuing desire to categorize the subject within a social order.


2009 ◽  
Vol 10 (2) ◽  
pp. 101-137 ◽  
Author(s):  
Graeme T. Laurie ◽  
Kathryn G. Hunter

This article assesses the legal framework within which responses are deployed in the United Kingdom in the face of a pandemic such as the current H1N1 crisis or some other public health emergency. It begins with an account of the importance of legal preparedness as an essential feature of public health preparedness. It moves to an outline of the key legal provisions and parameters which provide the architecture for the existing framework in the UK, both domestically and internationally; thereafter, it identifies relevant factors that can be used to assess the efficacy of current legal preparedness, drawing on comparative experiences. Finally, it offers recommendations on how legal preparedness could be improved within the United Kingdom and in line with international obligations.


Author(s):  
Barrie Gordon

The use of automated facial recognition in law enforcement is still a novel practice and as a result the legislative framework for this technology is ill-defined. The judgement of The Queen (on application of Edward Bridges) v The Chief Constable of South Wales Police [2020] EWCA Civ 1058 is the first case in the world that examines pertinent legal questions pertaining to this new technology. Automatic facial recognition may be used in law enforcement, but to prevent massive human rights violations, operators should perform their duties within a well-defined legal framework where discretion is kept to the minimum, and strict data-retention policies are followed. Furthermore, human oversight should always be part of an automated facial recognition system to ensure accuracy, fairness, and compliance with the law.


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