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24 Stan. Tech. L. Rev. 1 (2020-2021)

handle is hein.journals/stantlr24 and id is 1 raw text is: Regulating Facial Recognition Technology in the Private Sector Elizabeth A. Rowe* 24 STAN. TECH. L. REV. 1 (2020) ABSTRACT As Congress considers possible federal regulation of facial recognition tech- nology in the US, it is important to understand the way in which this technology is utilized, especially in the private sector, as well as the benefits to and concerns of the various stakeholders. The absence of federal regulation in this space has created much uncertainty for companies and consumers alike. Accordingly, as we stand at the crossroads of this highly significant decision, to regulate or not to regulate, this Article endeavors to identify common interests and common areas of concern among the various stakeholders, including developers of the technologies, business users, and consumers (broadly conceptualized as private * Irving Cypen Professor of Law, Distinguished Teaching Scholar, and Director, Program in Intellectual Property Law, University of Florida Levin Col- lege of Law. I express my appreciation to Victoria Cundiff, Tait Graves, Camilla Hrdy, Sonia Katyal, David Levine, Andrea Matwyshyn, Sharon Sandeen, and Deepa Varadarajan for insights, comments, or conversations about the ideas ex- pressed in earlier versions of this work. Thank you to Nyja Brown and Laura Kanouse for excellent research assistance.