Notice2021-21975
Notice of Request for Information (RFI) on Public and Private Sector Uses of Biometric Technologies
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 8, 2021
Issuing agencies
Science and Technology Policy Office
Abstract
The Office of Science and Technology Policy (OSTP) requests input from interested parties on past deployments, proposals, pilots, or trials, and current use of biometric technologies for the purposes of identity verification, identification of individuals, and inference of attributes including individual mental and emotional states. The purpose of this RFI is to understand the extent and variety of biometric technologies in past, current, or planned use; the domains in which these technologies are being used; the entities making use of them; current principles, practices, or policies governing their use; and the stakeholders that are, or may be, impacted by their use or regulation. OSTP encourages input on both public and private sector use cases.
Full Text
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<title>Federal Register, Volume 86 Issue 193 (Friday, October 8, 2021)</title>
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[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56300-56302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21975]
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OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Notice of Request for Information (RFI) on Public and Private
Sector Uses of Biometric Technologies
AGENCY: Office of Science and Technology Policy (OSTP).
SUMMARY: The Office of Science and Technology Policy (OSTP) requests
input from interested parties on past deployments, proposals, pilots,
or trials, and current use of biometric technologies for the purposes
of identity verification, identification of individuals, and inference
of attributes including individual mental and emotional states. The
purpose of this RFI is to understand the extent and variety of
biometric technologies in past, current, or planned use; the domains in
which these technologies are being used; the entities making use of
them; current principles, practices, or policies governing their use;
and the stakeholders that are, or may be, impacted by their use or
regulation. OSTP encourages input on both public and private sector use
cases.
DATES: Interested persons and organizations are invited to submit
comments on or before 5:00 p.m. ET on January 15, 2022.
ADDRESSES: Interested individuals and organizations should submit
comments electronically to <a href="/cdn-cgi/l/email-protection#e4a68d8b898190968d87b6a2ada48b979094ca818b94ca838b92"><span class="__cf_email__" data-cfemail="6d2f04020008191f040e3f2b242d021e191d4308021d430a021b">[email protected]</span></a> and include <RFI
Response: Biometric Technologies> in the subject line of the email. Due
to time constraints, mailed paper submissions will not be accepted, and
electronic submissions received after the deadline cannot be ensured to
be incorporated or taken into consideration.
Instructions: Response to this RFI is voluntary. Each responding
entity (individual or organization) is requested to submit only one
response. OSTP welcomes any responses to help inform policies,
especially those with a view toward equitably harnessing the benefits
of scientifically valid technologies approved for appropriate contexts
with iterative safeguards against anticipated and unanticipated misuse
or harms.
Please feel free to respond to one or as many topics as you choose,
while noting the number of the topic(s) to which you are responding.
Submission must not exceed 10 pages in 12-point or larger font, with a
page number provided on each page. Responses should include the name of
the person(s) or organization(s) filing the comment, as well as the
respondent type (e.g., academic institution, advocacy group,
professional society, community-based organization, industry, member of
the public, government, other). Respondent's role in the organization
may also be provided (e.g., researcher, administrator, student, program
manager, journalist) on a voluntary basis. Comments containing
references, studies, research, and other empirical data that are not
widely published should include copies or electronic links of the
referenced materials. No business proprietary information, copyrighted
information, or personally identifiable information should be submitted
in response to this RFI. Please be aware that comments submitted in
response to this RFI may be posted on OSTP's website or otherwise
released publicly.
In accordance with Federal Acquisitions Regulations Systems
15.202(3), responses to this notice are
[[Page 56301]]
not offers and cannot be accepted by the Federal Government to form a
binding contract. Additionally, those submitting responses are solely
responsible for all expenses associated with response preparation.
FOR FURTHER INFORMATION CONTACT: For additional information, please
direct questions to Suresh Venkatasubramanian at
<a href="/cdn-cgi/l/email-protection#d2b0bbbdbfb7a6a0bbb192bda1a6a2fcb7bda2fcb5bda4"><span class="__cf_email__" data-cfemail="2a484345474f5e5843496a45595e5a044f455a044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background: To date, attention and legislation around AI-enabled
biometric technologies has largely focused on the specific case of
facial recognition technology used to identify individuals in law
enforcement and in public and private settings. However, there are a
growing number of domains that are beginning to make use of biometric
information for identification or inference of emotion, disposition,
character, or intent. This expanded set of uses includes but is not
limited to:
<bullet> The use of facial recognition to control initial and
continuing access to resources such as housing, medical records,
schools, workplaces, and public benefits;
<bullet> Facial or voice analysis in employment (e.g., to screen
potential hires for trustworthiness and competence), education (e.g.,
to detect risks to safety, determine student focus and attention in the
classroom, and monitor online exams), and advertising (e.g., to
determine responses to advertising displays or track behavior in
physical shopping contexts);
<bullet> Keystroke analysis for detection of medical conditions and
cognition or mood;
<bullet> The use of gait recognition, voice recognition, and heart
rate analysis for inference of level of cognitive ability and
performance in healthcare (e.g., for stroke recovery, and aids for
autistic individuals); and
<bullet> Inferring intent (and mal-intent) in public settings.
Many concerns have been raised about the use of biometric
technology, ranging from questions about the validity of the underlying
science; differential effectiveness, outcomes, and harms for different
demographic groups; and the role of biometric systems in increasing the
use of surveillance technologies and broadening the scope of
surveillance practices. Nonetheless, biometric technologies are often
presented as a cheaper and more reliable form of identification, and as
effective aids in clinical settings for diagnosis and therapeutic use,
in addition to their use in public safety such as for finding missing
persons and combating child trafficking.
OSTP seeks information and comments about AI-enabled biometric
technology uses, including but not exclusive to the above.
Terminology: We use ``biometric information'' to refer to any
measurements or derived data of an individual's physical (e.g., DNA,
fingerprints, face or retina scans) and behavioral (e.g., gestures,
gait, voice) characteristics. For the purpose of this RFI, we are
especially interested in the use of biometric information for:
<bullet> Recognition. This includes the use of biometric
information for verification (matching a claimed identity to a
reference identity) and identification (real-time or post-facto
identification of an individual or of all individuals in a crowd either
in pursuit of a legal case or as part of broad surveillance in varied
domains); and
<bullet> Inference of cognitive and/or emotional state. This
includes the use of biometric information for inference of cognitive
and/or emotional states (such as attentiveness, mental fatigue, stress,
anxiousness, fear, or cheerfulness).
We broadly refer to a system that uses biometric information for
the purpose of recognition or inference as ``biometric technology.''
Scope: OSTP invites input from any interested stakeholders,
including industry and industry association groups; civil society and
advocacy groups; state, local, and tribal governments; academic
researchers; technical practitioners specializing in AI and biometrics;
and the general public. In particular, OSTP is especially interested in
input from parties developing biometric technologies, parties acquiring
and using such technologies, and communities impacted by their use.
Input is welcome from stakeholders, including members of the public,
representing all backgrounds and perspectives.
Information Requested: Respondents may provide information for one
or as many topics below as they choose. Through this RFI, OSTP seeks
information on the use of biometric technologies in the public and
private sectors, including on the following topics:
1. Descriptions of use of biometric information for recognition and
inference: Information about planned, developed, or deployed uses of
biometric information, including where possible any relevant dimensions
of the context in which the information is being used or may be used,
any stated goals of use, the nature and source of the data used, the
deployment status (e.g., past, current, or planned deployment) and, if
applicable, the impacted communities.
2. Procedures for and results of data-driven and scientific
validation of biometric technologies: Information about planned or in-
use validation procedures and resulting validation outcomes for
biometric technologies designed to ensure that the system outcomes are
scientifically valid, including specific measures of validity and
accuracy, resulting error rates, and descriptions of the specific
measurement setup and data used for validation. Information on user
experience research, impact assessment, or other evaluation of the
efficacy of biometric technologies when deployed in a specific societal
context is also welcome.
3. Security considerations associated with a particular biometric
technology. Information about validation of the security of a biometric
technology, or known vulnerabilities (such as spoofing or access
breaches). Information on exhibited or potential leaks of personally
identifying information via the exploitation of the biometric
technology, its vulnerabilities, or changes to the context in which it
is used. Information on security safeguards that have been proven to be
efficacious for stakeholders including industry, researchers, end
users, and impacted communities.
4. Exhibited and potential harms of a particular biometric
technology: Consider harms including but not limited to: Harms due to
questions about the validity of the science used in the system to
generate the biometric data or due to questions about the inference
process; harms due to disparities in effectiveness of the system for
different demographic groups; harms due to limiting access to equal
opportunity, as a pretext for selective profiling, or as a form of
harassment; harms due to the technology being built for use in a
specific context and then deployed in another context or used contrary
to product specifications; or harms due to a lack of privacy and the
surveillance infrastructure associated with the use of the system.
Information on evidence of harm (in the case of an exhibited harm) or
projections, research, or relevant historical evidence (in the case of
potential harms) is also welcome.
5. Exhibited and potential benefits of a particular biometric
technology: Consider benefits including, but not limited to: Benefits
arising from use in a specific domain (absolute benefit); benefits
arising from using a specific modality of biometric technology (or
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combination thereof) compared to other modalities in a specific domain
(relative benefit); and/or benefits arising from cost, consistency, and
reliability improvements. Information on evidence of benefit (in the
case of an exhibited benefit) or projections, research or relevant
historical evidence (in the case of potential benefit) is also welcome.
6. Governance programs, practices or procedures applicable to the
context, scope, and data use of a specific use case: Information
regarding:
a. Stakeholder engagement practices for systems design,
procurement, ethical deliberations, approval of use, human or civil
rights frameworks, assessments, or strategies, to mitigate the
potential harm or risk of biometric technologies;
b. Best practices or insights regarding the design and execution of
pilots or trials to inform further policy developments;
c. Practices regarding data collection (including disclosure and
consent), review, management (including data security and sharing),
storage (including timeframes for holding data), and monitoring
practices;
d. Safeguards or limitations regarding approved use (including
policy and technical safeguards), and mechanisms for preventing
unapproved use;
e. Performance auditing and post-deployment impact assessment
(including benefits relative to current benchmarks and harms);
f. Practices regarding the use of biometric technologies in
conjunction with other surveillance technologies (e.g., via record
linkage);
g. Practices or precedents for the admissibility in court of
biometric information generated or augmented by AI systems; and
h. Practices for public transparency regarding: Use (including
notice of use), impacts, opportunities for contestation and for
redress, as appropriate.
Please note any governance measures that are required by law or by
government, including human or civil rights frameworks, or corporate
policy, including ethical principles, in cases of deployment, as well
as any planned governance measures for planned or current-use biometric
technologies.
Dated: October 4, 2021.
Stacy Murphy,
Operations Manager.
[FR Doc. 2021-21975 Filed 10-7-21; 8:45 am]
BILLING CODE 3270-FI-P
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