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New Orleans Features Live Facial Recognition Network, Sparks Debate Over Oversight

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Live Facial Recognition Network Operates in New Orleans, Sparks Debate Over Oversight

New Orleans has become the first American city with a publicly known live facial recognition network. The implementation of this system, originating from private sector development, has generated discussions regarding its oversight and compliance with existing regulations.

Project NOLA's Implementation

The technology was introduced by Project NOLA, a private non-profit organization established in 2009 by Bryan Lagarde, a former police officer. Lagarde stated that he founded the organization to enhance camera surveillance after Hurricane Katrina, citing understaffing within the police department.

Project NOLA operates as a central hub for video feeds from over 5,000 cameras installed on private properties belonging to "volunteers" who pay annual connection fees. In 2022, Project NOLA integrated live facial recognition capabilities into its system. Approximately 200 of these cameras are equipped with this feature.

The system processes faces from live camera feeds by comparing them against a "hot list" containing approximately 250 individuals. These individuals are identified as wanted by federal, state, or local agencies, or are tracked by Project NOLA due to suspected involvement in felony-level criminal activity. Upon a match, staff receive an alert. Information derived from these matches is then relayed to law enforcement based on criteria related to the severity and frequency of observed activities.

Regulatory and Legal Challenges

In the spring, Project NOLA's cooperation with the New Orleans Police Department (NOPD) was paused. This action followed a Washington Post report in May that detailed the city's system, bringing it to broader public attention.

The ACLU of Louisiana stated that the system, particularly its operation by a third-party entity for live facial recognition, was in violation of a local NOPD ordinance. NOPD Superintendent Anne Kirkpatrick confirmed in April that direct cooperation with Project NOLA might violate city law, leading to a halt in real-time alerts to officers from the organization. Superintendent Kirkpatrick also stated that she views live facial recognition as a valuable policing tool.

Federal law, as established in United States v. Jones, requires police to obtain probable cause and a warrant for continuous technological tracking of individuals. Ryan Calo, a law professor at the University of Washington, has expressed concerns that private surveillance initiatives could potentially circumvent these legal protections.

Safeguards and Ongoing Operations

Bryan Lagarde of Project NOLA stated that the organization employs privacy safeguards. These measures include requiring a case number from law enforcement for facial recognition requests to verify legitimate investigations. Project NOLA plans to launch a website to disclose the number of facial recognition requests received and the agencies involved.

Despite the NOPD's pause on direct real-time alerts, Project NOLA continues to conduct searches for federal and state police agencies. It also provides "unsolicited" tips to the NOPD based on its tracking of individuals of interest to the department. Lagarde asserts that his system offers greater accountability compared to a government-run system, as its cameras are privately owned and can be disconnected by the volunteers who host them.

City Response and Public Opinion

Legislation proposed by a city council member to formalize police cooperation with third-party facial recognition providers and establish regulatory rules did not advance. Discussions regarding the city's development of its own live facial recognition system also stalled due to concerns about potential control by federal or state agencies, particularly in the context of immigration enforcement. The ACLU has suggested that the absence of a clear prohibition on police use of the non-profit's system has resulted in a default to a private operational model.

Public reactions in New Orleans have varied. Zac Shoulders, a visitor, expressed concerns regarding the control of such systems, indicating a preference for city-controlled oversight for accountability. Conversely, Tim Blake, owner of the Three Legged Dog bar and a host of a Project NOLA camera, expressed support for the system, citing increased safety for himself and his staff. He advocates for broader accessibility to this type of technology.