The NBA Must Ban Facial Recognition
Multiple non-profit organizations have called on the NBA to continue their social justice work by banning the use of facial recognition software by teams and arenas.
Two non-profit organizations, Fight for the Future and MediaJustice, are calling for the NBA to ban the use of facial recognition software in their arenas. In a joint release on Monday, the groups cite the league’s recent statements on social injustice. Per the statement, the groups are hoping, “to gather grassroots pressure” to lead the NBA to enact such policies.
Following a summer in the United States unlike anything in recent history, the NBA did not shy away from discussing issues of race in America. In fact, it often positioned itself as a leader on issues of social justice. However, credit falls much more squarely on the players, who advocated such action, than the league itself. Now the league and team owners must live up to the standards they set or face the consequences.
The NBA has previously faced scrutiny for working with Clearview AI, a facial-recognition company that has an extensive client list that includes police departments around the country. Madison Square Garden, the home arena of the New York Knicks, has used face-scanning software on their customers and the Dallas Mavericks have previously discussed similar software in their locker room as well.
With leagues looking for ways to bring fans to games in 2021, there’s a growing concern that they could turn to dangerous technology, like facial recognition. According to Caitlin Seeley George, the Campaign Director at Fight for the Future, “This is a critical moment because conversations are happening right now about how to get people back to games next year. Facial recognition companies are trying to weasel their way into arenas by calling their tools “safe” and “touch free.” But the NBA needs to see past these sales pitches to the truth.”
Facial recognition software is most commonly known for identifying people in various contexts of images and videos using “biometric information.” However, it has a wide range of uses that remain unregulated and have formed concerning parallels to the eugenics movement of the 19th and early 20th centuries. Since these technologies remain desirable to many law enforcement entities, it’s easy to see the dangers.
The software consistently misidentifies BIPOC people at higher rates than white people. Experts remain skeptical that these racial disparities can be removed from their algorithms. However, even if facial recognition software was 100% accurate (disclaimer: it is not close), that wouldn’t put an end to the problems either. In an interview with Seeley George, she explained that “In our opinion, and in most civil rights organizations’ opinion, this technology… is also just as dangerous when it does work because that’s more of a justification for law enforcement and governments to put in place a massive surveillance system across society.”
If the league began using such software, fans would have their private information stored by private companies with no ability to prevent its sale or use. While some municipalities, like the city of Portland, have passed bans on facial recognition software, most places have little to no regulations. According to Seeley George, the lack of legal statutes puts fans at a particular risk, “In most cases, you don’t really have anything that can protect you. We don’t have federal data privacy laws that protect us from private or government entities that want to use our biometric information for anything.”
Even if a fan trusts the company storing their data, it’s not necessarily a reason to feel secure either. “For the most part, what we’re seeing with this technology when there are data breaches, which there have been, there aren’t repercussions on the entities,” said Seeley George. Clearview AI, the company that worked with the NBA, had a data breach earlier this year.
In the statement, Myaisha Hayes, Campaign Strategies Director at MediaJustice reiterates the logic behind the campaign, “This season, players, coaches, and teams chose to use their high-profile platforms to highlight injustices happening in our country. To continue their show of support for racial justice, they must unite against facial recognition technology. This technology is inherently biased, puts Black and Brown people in danger, and cannot be installed in arenas around the country where hundreds of thousands of people could be subjected to invasive surveillance that then can create opportunities for police to enact more violence against us.”
The strength of NBA’s commitment to racial injustice remains to be seen. Their decisions over the coming months will determine whether the league was acting in response to pressure from their players and the public, or out of a true willingness to fight racism. Allowing the use of facial recognition technology by their teams and arenas would be strengthening a racist privacy threat. Banning its use should be an easy layup.
