New Orleans has become the first U.S. city where a live facial recognition network is known to operate. This system was initiated by a private non-profit organization, Project NOLA, amid discussions regarding its control and regulatory oversight.
Background of the Technology
Police departments in the United States commonly use facial recognition to identify suspects after a crime has occurred. However, live facial recognition, which enables real-time identification and tracking of individuals, has seen slower adoption. Concerns about privacy have influenced police departments' reluctance to widely deploy this technology.
Project NOLA's Implementation
Project NOLA, established in 2009 by former police officer Bryan Lagarde, introduced live facial recognition capabilities in 2022. Lagarde stated that the organization was founded to address a perceived need for increased camera surveillance following Hurricane Katrina, during a period of police understaffing.
Project NOLA operates as a central hub for video feeds from over 5,000 cameras installed on private properties. "Volunteers" contribute to the network by paying annual connection fees. The addition of live facial recognition aimed to expedite the processing of surveillance data.
Approximately 200 of Project NOLA's advanced cameras are equipped with this capacity. At the organization's offices, monitors display real-time searches of faces in public areas, such as the French Quarter. When a face matches an individual on Project NOLA's "hot lists" (which contain around 250 names), an automated alert is generated. Lagarde reported that these lists include individuals wanted by federal, state, or local agencies, as well as those tracked due to suspected involvement in felony-level criminal activity. Information is shared with law enforcement when it reaches a defined threshold of evidence.
Regulatory and Legal Challenges
In May, a Washington Post report highlighted New Orleans' live facial recognition system. This prompted questions regarding compliance with a local New Orleans Police Department (NOPD) ordinance. Sarah Whittington, advocacy director for the ACLU of Louisiana, stated that the ordinance permitted facial recognition but not live facial recognition from third-party entities.
NOPD Superintendent Anne Kirkpatrick paused the department's cooperation with Project NOLA in April, prior to the media report, citing potential ordinance violations. Kirkpatrick affirmed that real-time alerts would not be permitted until legal compliance was confirmed. She also expressed that the NOPD considers live facial recognition a valuable tool and stated, "We are not at war with Project NOLA." However, she added that privacy concerns cannot be controlled through private enterprises.
Federal law does not explicitly regulate law enforcement use of live facial recognition. The Supreme Court's ruling in United States v. Jones established that police generally require probable cause and a warrant for continuous tracking using technology. University of Washington law professor Ryan Calo suggested that surveillance conducted by non-official actors could potentially bypass these legal protections.
Project NOLA's Stated Safeguards
Lagarde stated that Project NOLA implements privacy safeguards, including requiring a case number from law enforcement for facial recognition requests to verify a legitimate investigation. The organization also plans to launch a website disclosing the number of facial recognition requests received and the requesting agencies.
Project NOLA continues to conduct searches for federal and state police agencies and provides "unsolicited" tips to the NOPD based on its tracking of wanted individuals. Lagarde posited that his system offers greater accountability than a government-run system due to its reliance on privately owned cameras hosted by "volunteers" who can discontinue participation.
City Council Inaction and Future Outlook
Following the Washington Post report, a city council member proposed legislation to formalize police cooperation with third-party facial recognition providers and establish rules and reporting requirements. This ordinance did not advance.
Discussions have also occurred regarding authorizing the city to establish its own live facial recognition system, which NOPD Superintendent Kirkpatrick supports. However, the ACLU of Louisiana indicates this idea has stalled due to concerns about potential loss of control to state or federal agencies, particularly given increased federal immigration enforcement in southern Louisiana. Whittington stated that without clearer prohibitions on police use of the non-profit's system, a private model has effectively become the default.
Public and Business Owner Perspectives
Public opinion collected on Bourbon Street indicated varying viewpoints. One visitor expressed concerns about the "Big Brother" aspect, emphasizing the importance of who controls the scanned lists. Conversely, Tim Blake, owner of the Three Legged Dog bar and host of a Project NOLA camera, supported the system, citing increased safety for himself and his staff. He also houses an internal thermal vision camera from Project NOLA designed to detect hidden weapons. Blake advocates for broader access to such technology by various entities to enhance public safety.