Congress has considered the implications of biometric technologies—specifically facial recognition—in a number of recent legislative provisions. Key Legislative Provisions Section 5104 of the FY2021 NDAA (P.L. 116-283) tasks the National AI Advisory Committee with advising the President on whether the use of facial recognition technology by government authorities is taking into account ethical considerations and whether such use should be subject to additional oversight, controls, and limitations. Section 5708 of the FY2020 NDAA (P.

Biometric technologies use unique biological or behavioral attributes—such as DNA, fingerprints, cardiac signatures, voice or gait patterns, and facial or ocular measurements—to authenticate an individual’s identity. Although biometric technologies have been in use for decades, recent advances in artificial intelligence (AI) and Big Data analytics have expanded their application. As these technologies continue to mature and proliferate, largely driven by advances in the commercial sector, they will likely hold growing implications for congressional oversight, civil liberties, U.

Biometric technologies are currently used for a number of congressionally authorized or mandated security applications throughout the U.S. government. The Aviation and Transportation Security Act of 2001 (P.L. 107-71) granted the Transportation Security Administration the authority to employ biometrics for passenger screening and airport access control. The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) required the Department of Homeland Security to operate a biometric entry and exit data system to verify the identity of foreign nationals seeking to enter or exit the United States.

Biometric technologies have a number of vulnerabilities that underscore the ethical concerns over their employment and could result in the failure of the technology to perform as anticipated. Algorithmic Bias Researchers have repeatedly found that AI-trained facial recognition programs fail disproportionately when used for women and people of color, due to both the models and the data on which the programs were trained. If unaddressed, these challenges could result in system failure, potentially leading to violations of civil liberties or international humanitarian law.

The Department of Defense is exploring a range of emerging biometric technologies and biometric applications, including AI techniques that could identify individuals in low light or otherwise obscured conditions, and laser techniques that could identify individuals at distances of around 200 meters. Such techniques could be employed in covert and clandestine operations without an individual’s knowledge or consent. Lethal Autonomous Weapon Systems In the future, biometric technologies could be integrated into lethal autonomous weapon systems (LAWS)—weapons capable of selecting and engaging targets without the need for manual human control or remote operation.