Sec. 3. Definitions
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/bill/117/hr/9061/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term arrest photo database means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer. The term candidate list means the top images that a facial recognition system determines to most closely match a probe image. The term derived means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means.
The term facial recognition means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body, to infer emotion, associations, activities, or the location of an individual. The term face surveillance means the use of facial recognition with real-time or stored video footage to track, observe, or analyze the movements, behavior, data, or actions of an individual or groups of individuals.
The term illegitimately obtained information means personal data or information that was obtained— in a manner that violates Federal, State, or Tribal law; in a manner that violates a service agreement between a provider of an electronic communication service to the public or a provider of a remote computing service and customers or subscribers of that provider; in a manner that is inconsistent with the privacy policy of a provider described in subparagraph (B), if applicable; by deceiving a person whose information was obtained; through the unauthorized access of an electronic device or online account; in violation of a contract, court settlement, or other binding legal agreement; or from unlawful or unconstitutional practices by any government official or entity.
The term investigative or law enforcement officer means— any officer of a State or a political subdivision thereof, or of the United States, who is empowered by law to conduct investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and does not include any officer, employee, or contractor of a State department of motor vehicles.
The term law enforcement agency means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law. The term probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photo file. The term prosecutor means the principal prosecuting attorney of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure).
The term operational testing means testing that evaluates a complete facial recognition system as it is used in the field, including measuring false positive and false negative error rates for field uses of the system on operational or operationally representative data and under the environmental conditions and technical product settings and configurations typically used, as well as assessing the variability of system use by different users. The term reference photo database means a database populated with photos of individuals that have been identified, including databases composed of driver’s licenses, passports, or other documents made or issued by or under the authority of the United States Government, a State, a political subdivision thereof, databases operated by third parties, and arrest photo databases.
The term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.