City of Somerville header
File #: 208377    Version: 1
Type: Resolution Status: Approved
File created: 6/11/2019 In control: City Council
On agenda: 6/13/2019 Final action: 6/13/2019
Enactment date: 6/13/2019 Enactment #: 208377
Title: Supporting House Bill 1538 and Senate Bill 1385, providing for a moratorium on government use of facial recognition and other biometric surveillance technologies.
Sponsors: Wilfred N. Mbah, Ben Ewen-Campen, Jefferson Thomas ("J.T.") Scott, Jesse Clingan, Katjana Ballantyne, Lance L. Davis, Mark Niedergang, Mary Jo Rossetti, Matthew McLaughlin, Stephanie Hirsch, William A. White Jr.

  Agenda Text

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Supporting House Bill 1538 and Senate Bill 1385, providing for a moratorium on government use of facial recognition and other biometric surveillance technologies.

 

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Official Text

WHEREAS,                     Government use of face surveillance technology poses unique and significant civil rights and civil liberties threats to the people of Somerville; and

WHEREAS,                     MIT researchers have found that face recognition technology performs poorly when attempting to identify the faces of darker skinned people, and particularly women; and

WHEREAS,                     The use of mugshot databases in facial recognition searches compounds racial bias, because Black and Latinx people are unfairly overrepresented in those data; and

WHEREAS,                     The broad application of face surveillance in public spaces is the functional equivalent of requiring every person to carry and display a personal photo identification card at all times, which constitutes an unacceptable mass violation of privacy; and

WHEREAS,                     The deployment of other biometric surveillance systems, including gait and voice recognition, raise similar concerns as face recognition; and

WHEREAS,                     The Somerville City Council and city councils all across the nation are considering ordinances that ban the local use of this technology; and

WHEREAS,                     Proposed legislation in both houses of the 191st General Court of the Commonwealth of Massachusetts address the Council’s concerns with this technology; and

WHEREAS,                     The legislature is currently considering Senate Bill 1385, an Act Establishing A Moratorium On Face Recognition And Other Remote Biometric Surveillance Systems, and House Bill 1538, an Act Relative To Unregulated Face Recognition And Emerging Biometric Surveillance Technologies; and

WHEREAS,                     That legislation provides that, absent express statutory authorization, it shall be unlawful for the Commonwealth of Massachusetts or any Massachusetts government official to acquire, possess, access, or use face recognition or any at-a-distance biometric surveillance system, or acquire, possess, access, or use information derived from a facial recognition system or from a biometric surveillance system operated by another entity; and

WHEREAS,                     That legislation creates a private right of action providing Massachusetts residents with both legal and equitable remedies; and

WHEREAS,                     That bill provides for sanctions against government officials who violate the provisions contained therein; NOW, THEREFORE, BE IT

RESOLVED,                     That the Somerville City Council strongly supports House Bill 1538 and Senate Bill 1385; AND BE IT FURTHER

RESOLVED,                     That the Somerville City Council urges the 191st General Court of the Commonwealth of Massachusetts to pass these measures providing for a moratorium on government use of facial recognition and other biometric surveillance technologies; AND BE IT FURTHER

RESOLVED,                     That the City Clerk forward a copy of this resolution to Somerville’s legislative delegation comprised of Senator Patricia Jehlen, Representative Mike Connolly, Representative Denise Provost, and Representative Christine Barber; AND BE IT FURTHER

RESOLVED,                     That the City Clerk forward a copy of this resolution to the chairs and vice-chairs of the Joint Committee on Public Safety and Homeland Security to which Senate Bill 1385 was assigned; RESOLVED,

RESOLVED,                     That the City Clerk forward a copy of this resolution to the chairs and vice-chairs of the Joint Committee on the Judiciary to which House Bill 1538 was assigned; RESOLVED,

RESOLVED,                     That the City Clerk forward a copy of this resolution to House Speaker DeLeo, Senate President Spilka, and Governor Baker.