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1 More recently, the Black Lives Matter (BLM) movement, initially sparked in 2013 after the murder of 17-year-old Trayvon Martin by a local vigilante, has highlighted racial biases in policing that disproportionately lead to unwarranted deaths, improper arrests, and the excessive use of force against Black individuals. During the 1950s and 1960s, the FBI tracked Martin Luther King, Jr., Malcolm X, and other civil rights activists through its Racial Matters and COINTELPRO programs, without clear guardrails to prevent the agency from collecting intimate details about home life and relationships that were unrelated to law enforcement. The oversurveillance of communities of color dates back decades to the civil rights movement and beyond. The history of race and surveillance in the United States We conclude the paper with a series of proposals that lean either toward clear restrictions on the use of surveillance technologies in certain contexts, or greater accountability and oversight mechanisms, including audits, policy interventions, and more inclusive technical designs. We also discuss the role of federal agencies in addressing the purposes and uses of facial recognition and other monitoring tools under their jurisdiction, as well as increased training for state and local law enforcement agencies to prevent the unfair or inaccurate profiling of people of color. In this paper, we present the case for stronger federal privacy protections with proscriptive guardrails for the public and private sectors to mitigate the high risks that are associated with the development and procurement of surveillance technologies.

Facial recognition and other surveillance technologies also enable more precise discrimination, especially as law enforcement agencies continue to make misinformed, predictive decisions around arrest and detainment that disproportionately impact marginalized populations. From the historical surveillance of civil rights leaders by the Federal Bureau of Investigation (FBI) to the current misuse of facial recognition technologies, surveillance patterns often reflect existing societal biases and build upon harmful and virtuous cycles.

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