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SOLO & SMALL FIRM

Unreliable Means of Identification the country. Without a strong legal Niki Z. Schwartz
While there are real Constitutional concerns, framework, facial recognition technology Mediator/Arbitrator
the most pressing concern is that facial is a threat to a variety of Constitutional
recognition software is far from being rights including the right to privacy and
a reliable means of identification. Law the right to freely associate.
enforcement agencies may rely on this flawed As most criminal defense work is done at
technology without proper safeguards in place the solo and small firm level, it is important
to double-check the accuracy of the results. for such practitioners to keep abreast of
Similarly, facial recognition products have this issue as it is likely to have a significant
been shown to be less accurate in correctly impact on criminal defense work in the
identifying minority groups. Any use of facial near future.
recognition software should be in a limited
capacity with additional safeguards in place
to ensure that the risk for misidentification Emily Mikes is an Associate at
is as low as possible. Flannery | Georgalis, LLC. Her “If he can settle
practice focuses on criminal
Conclusion defense, federal criminal a prison riot,
Facial recognition technology is far from investigations, and complex civil
perfect, but that does not mean it is not litigation. She has experience handling criminal he can settle
being used throughout the country. As such, cases involving complex issues in the healthcare, anything!”
it is necessary for there to be a strong legal pharmaceutical, and manufacturing industries.
framework in place to protect civil liberties. She also has experience in conducting internal
This framework should include regulations investigations involving complex financial matters
and law surrounding the implementation, involving fraud, embezzlement, and public 216-696-7100
use, and storage of data, relating to corruption. She can be reached at (216) 232-3195 nzs.adr@gmail.com
facial recognition programs throughout or at emikes@flannerygeorgalis.com.

June 2019 Cleveland Metropolitan Bar Journal | 31