This Article contends that an informed discussion on an AI Bill of Rights requires grappling with biometric data collection and its integration into emerging AI systems. Biometric AI systems serve a wide range of governmental purposes, including policing, border security and immigration enforcement, and biometric cyberintelligence and biometric-enabled warfare. These systems are increasingly categorized as "high-risk" when deployed in ways that may impact fundamental constitutional rights and human rights. There is growing recognition that high-risk biometric AI systems, such as facial recognition identification, can pose unprecedented challenges to criminal procedure rights. This Article concludes that a failure to recognize these challenges will lead to an underappreciation of the constitutional threats posed by emerging biometric AI systems and the need for an AI Bill of Rights.

Document Type


Publication Date

Summer 2022

Publication Information

60 Duquesne Law Review 283-301 (2022)