What if [made up scenario]: I’m an employee for Madison Square Garden Entertainment Corp. and my response towards facial recognition technology

Hello Andrea Greenberg,

I work for your company: Madison Square Garden Entertainment Corp.’s and would like to discuss facial recognition software to be used at sporting events and concerts. Facial recognition is technology that uses a database of faces to identify and match a given face image. On December 21, 2022 4:03 PM, news by Chris DeVilleo mentioned the uses of facial recognition technology have legally kicked out people from the MSG entertainment. According to “S.3284, 116th Congress SEC. 4. Limits on use of facial recognition technology” stated “a covered government official may not set up any camera to be used in connection with facial recognition technology, access or use information obtained from facial recognition technology, or import facial recognition technology to identify an individual in the United States without a warrant until the date on which Congress enacts legislation implementing the guidelines for use of facial recognition technology established by the Commission under section 6.” In other words, it has to be under the guideline of a congressional commission, enforced by civil action and may not use Federal funds for this technology. The government does not approve the concept of abusing the innovation of facial recognition but there is an extent of how much power a company can use it. 

This also may raise ethical considerations from the use of this technology. Although morals is not considered to be a doctrine of law, there is conflict with sociality or some individuals. For instance, the first amendment: impingement on the privacy, free speech, or due process rights of individuals in the United States should not be neglected. Facial recognition is not allowed to be used for infringement of the first amendment. However, there is an extent to that. The limits depend on the location and for New York, you are not allowed to use this technology on the property of the school district. On the other hand, Madison Square Garden Entertainment Corp.’s are allowed to use it for the safety of the performer and/or other accidents within the stadium. Although there are people who come to the concert that disapprove of this idea of the usage of facial recognition technology, the crime rate occurring in MSG entertainment has decreased. If the companies continue to use this technology, the company should place a legal term in “privacy and safety terms” that there will be facial recognition during the event and when purchasing the tickets, they are accepting this term. As a reminder, using facial recognition must have a warrant before hand. If not then the company must take into account individuals’ reasonable expectations of privacy or anonymity. 

Due to the advancement of technology, the law district and department are still missing a few indications of law for the constitutional right of using facial recognition. Since there will be 400 plus people that visit this location, your company is responsible for the safety of those people. With the “privacy and safety terms” in place and the efficiency for searching criminals, MSG entertainment would be in favor of the law. 

Thank you for your attention, I hope this would be useful within your company.

MLA CITATION 

• Deville, Chris. “Madison Square Garden Using Facial Recognition Technology To Kick Out Legal Adversaries .” Stereogum . 21 Dec. 2022. MSG Using Facial Recognition To Remove Lawyers For Firms In Litigation Against MSG (stereogum.com) . Accessed 22 Dec. 2022.
• “Text – S.3284 – 116th Congress (2019-2020): Ethical Use of Facial .” Text – S.3284 – 116th Congress (2019-2020): Ethical Use of Facial Recognition Act | Congress.gov | Library of Congress. Accessed 22 Dec. 2022.