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posted by janrinok on Tuesday January 31 2023, @02:49PM   Printer-friendly

MSG probed over use of facial recognition to eject lawyers from show venues

https://arstechnica.com/tech-policy/2023/01/msg-probed-over-use-of-facial-recognition-to-eject-lawyers-from-show-venues/

The operator of Madison Square Garden and Radio City Music Hall is being probed by New York's attorney general over the company's use of facial recognition technology to identify and exclude lawyers from events. AG Letitia James' office said the policy may violate civil rights laws.
[...]
In December, attorney Kelly Conlon was denied entry into Radio City Music Hall in New York when she accompanied her daughter's Girl Scout troop to a Rockettes show. Conlon wasn't personally involved in any lawsuits against MSG but is a lawyer for a firm that "has been involved in personal injury litigation against a restaurant venue now under the umbrella of MSG Entertainment," NBC New York reported.

Madison Square Garden's Facial Recognition Mess: Everything We Know

Madison Square Garden's Facial Recognition Mess: Everything We Know:

MSG Entertainment is using facial recognition to identify, accost, and remove attorneys involved in lawsuits against it. It's doubling down on doing it.

[...] Over the past three months, multiple lawyers in the New York area have come forward with dramatic accounts of being denied entry into Madison Square Garden and other venues also owned by MSG Entertainment. The common factor in their stories? Each of them were spotted by the company's facial recognition system. That system was looking for lawyers from an estimated 90 law firms with active litigation against Madison Square Garden or MSG who were placed on a list denying them entry into the venues. The venue justifies banning the attorneys, many of whom aren't personally involved in the lawsuits, because their presence somehow "creates an inherently adverse environment." New York's Attorney General, on the other hand, says that practice may violate state civil rights laws. Madison Square Garden first rolled out facial recognition systems to its venues in 2018 with the stated goal of increasing security.

"This is bad, and it's just one example of how facial recognition could be used to infringe on peoples' rights," Fight for the Future Director Evan Greer said in a statement. "This technology puts music fans, sports fans, and others at risk of being unjustly detained, harassed, judged, or even deported."

Previously:
MSG Allegedly Used Facial Recognition to Remove Rival Attorney From Rockettes Show


Original Submission #1Original Submission #2

Related Stories

MSG Allegedly Used Facial Recognition to Remove Rival Attorney From Rockettes Show 22 comments

https://gizmodo.com/mgs-facial-recognition-msg-rockettes-show-1849919528

An attorney working for a law firm taking legal action against MSG Entertainment claims she was spotted by the company's facial recognition security system while attending a Rockettes show with her daughter and was ultimately denied entry. The case, one of the first of its kind according to a privacy expert speaking with Gizmodo, sheds light on an underreported practice of private companies using biometric identification systems to carry out retaliatory policy prescriptions amid a wildly under-regulated biometrics environment.

The lawyer, a mother named Kelly Conlon, reportedly traveled to New York City with her daughter as part of a Girl Scouts field trip to see "The Christmas Spectacular." Conlon claims she was apprehended by the venue's security staff immediately after walking through metal detectors and asked to say her name and provide an ID. One of the guards, Conlon said in an interview with NBC New York, allegedly told her she was "picked up" by their recognition system.

Conlon told NBC New York she saw signs on the wall alerting guests facial recognition was in use. For context, MSG Entertainment, which runs Radio City Music Hall, reportedly started introducing facial recognition to venues in 2018 in an effort to "bolster security." Since then, the technology's grown increasingly popular at live events and large sports stadiums.

"They knew my name before I told them," Conlon told NBC New York." They knew the firm I was associated with before I told them. And they told me I was not allowed to be there."

[...] "It was embarrassing, it was mortifying," Conlon said. "I was just a mom taking my daughter to see a Christmas show."

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  • (Score: 2, Funny) by Anonymous Coward on Tuesday January 31 2023, @03:31PM (30 children)

    by Anonymous Coward on Tuesday January 31 2023, @03:31PM (#1289476)

    First they came for the lawyers...

    And I did not speak up because I was too busy ROFLing...

    Seriously though, I don't think lawyers are a protected group: https://en.wikipedia.org/wiki/Protected_group [wikipedia.org]

    So which laws and specific clauses are they breaking?

    • (Score: 2) by Snotnose on Tuesday January 31 2023, @05:06PM

      by Snotnose (1623) on Tuesday January 31 2023, @05:06PM (#1289490)

      We reserve the right to refuse service.....

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    • (Score: 0, Troll) by khallow on Tuesday January 31 2023, @06:31PM (27 children)

      by khallow (3766) Subscriber Badge on Tuesday January 31 2023, @06:31PM (#1289498) Journal
      I'd start actually with the Fourth Amendment [congress.gov].

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Notice it doesn't say "government searches and seizures". I think using face recognition tools merely to be rude to lawyers counts as an unreasonable search.

      • (Score: 2) by bzipitidoo on Tuesday January 31 2023, @06:44PM

        by bzipitidoo (4388) on Tuesday January 31 2023, @06:44PM (#1289501) Journal

        This seems a case of discrimination, not unreasonable search. The 4th doesn't apply. In a public place, privacy is limited. For instance, cops can't arrest people for videoing them in public at work. This is now so firmly established that not only can't cops stop that, they have to wear body cams.

        Can't discriminate based on race, gender, sexual orientation, religion, age, and quite a few other things. Is career choice included in that list? I should think, yes, it is.

      • (Score: 2) by Tork on Tuesday January 31 2023, @07:15PM (21 children)

        by Tork (3914) Subscriber Badge on Tuesday January 31 2023, @07:15PM (#1289509)

        I think using face recognition tools merely to be rude to lawyers counts as an unreasonable search.

        If they're on private property and approaching their cameras I don't think that constitutes a 'search'.

        Also... and I'm not really replying to you khallow, I'm just making a general statement about the topic: "...the company's use of facial recognition technology to identify and exclude lawyers from events..." -- English is a funny language. That phrasing reads like AI is looking at video of people and going "That dude's a lawyer! SOUND THE ALARM!!", rather they have a blacklist of specific people who are lawyers they're searching for. You know, like how some places have signs up saying "don't let this person in" in the ticketing booth. I don't see how 'discrimination' is a factor in this context.

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        • (Score: 2) by mcgrew on Tuesday January 31 2023, @08:30PM (2 children)

          by mcgrew (701) <publish@mcgrewbooks.com> on Tuesday January 31 2023, @08:30PM (#1289522) Homepage Journal

          But it doesn't matter, you can exclude anyone you want from your property; there ARE such things as property rights. You don't like my rules, you can't get in. Note that it's illegal for my rules to exclude protected classes, which lawyers aren't.

          --
          mcgrewbooks.com mcgrew.info nooze.org
          • (Score: 2) by aafcac on Wednesday February 01 2023, @06:57AM (1 child)

            by aafcac (17646) on Wednesday February 01 2023, @06:57AM (#1289596)

            You don't get to exclude paying customers without cause though. She's being banned from the venue for being an attorney for a law firm that's doing l suing the owner. This isn't like trying to get into a private club and not being cool enough to get passed the bouncer.

            • (Score: 2) by mcgrew on Wednesday February 01 2023, @05:31PM

              by mcgrew (701) <publish@mcgrewbooks.com> on Wednesday February 01 2023, @05:31PM (#1289673) Homepage Journal

              You don't get to exclude paying customers without cause though.

              Nonsense, "coat and tie required", "No soliciting"... What you argue has yet to be shown in court. You two are saying a bar can't exclude salesmen?

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        • (Score: 1) by khallow on Tuesday January 31 2023, @09:48PM (12 children)

          by khallow (3766) Subscriber Badge on Tuesday January 31 2023, @09:48PM (#1289540) Journal

          If they're on private property and approaching their cameras I don't think that constitutes a 'search'.

          Why? It would if the police were doing it. And given that it's being used to ban people who work for a particular business indicates that they've grabbed a lot of pictures of peoples' faces which is another search. Two searches and they've grabbed a bunch of peoples' images and used them for a dubious purpose. What about that sounds reasonable to you?

          Seems to me that there are numerous avenues to go here. First, where did the data used for the facial recognition come from? Are those images copyrighted, say by the law firm itself? Who made the decision to put that information in to facial screening? What other actions did they take on whose authorization per this law firm? Who else is in this list of banned people and why?

          My take is we would find this is the tip of a nasty iceberg of institutional espionage and intimidation. The law firm might not be the only victim either.

          • (Score: 1) by khallow on Tuesday January 31 2023, @10:08PM

            by khallow (3766) Subscriber Badge on Tuesday January 31 2023, @10:08PM (#1289544) Journal
            I didn't notice the bit about "an estimated 90 law firms". This could be huge.
          • (Score: 2) by Tork on Tuesday January 31 2023, @10:09PM (10 children)

            by Tork (3914) Subscriber Badge on Tuesday January 31 2023, @10:09PM (#1289545)

            Why? It would if the police were doing it.

            Umm... okay.

            What about that sounds reasonable to you?

            I didn't say they sounded reasonable. I said it wasn't a search. A Google search to find photos of these people is not a 'search' in this context, either. (Oh and they probably just used their own surveillance cameras ... fewer false-positives that way.) If they downloaded their phones or hacked the social media passwords or something you might have a point.

            Seems to me that there are numerous avenues to go here.

            You're right, the article even mentions a couple... but admittedly doesn't go into specific detail. NYC has privacy laws, it's a question of if MSG is violating them specifically. There's the first step of your path. You're wasting your time with copyrights and use of publicly available images.

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            • (Score: 1) by khallow on Wednesday February 01 2023, @03:07AM (9 children)

              by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @03:07AM (#1289572) Journal

              A Google search to find photos of these people is not a 'search' in this context, either.

              Finding photos for the purpose of putting them into a security system for later identification. It's a search.

              Oh and they probably just used their own surveillance cameras ... fewer false-positives that way.

              How did law firm employee images get on those surveillance cameras then?

              You're wasting your time with copyrights and use of publicly available images.

              Still doubt it. Just because a photo is on the web doesn't mean that putting it into a security system is fair use of that image.

              • (Score: 2) by Tork on Wednesday February 01 2023, @03:27AM (8 children)

                by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @03:27AM (#1289575)

                Finding photos for the purpose of putting them into a security system for later identification. It's a search.

                Nope. Not in this context.

                How did law firm employee images get on those surveillance cameras then?

                You seriously can't think of a way a law firm employee would end up on a surveillance camera? Heh. Do you believe they don't cast reflections or something?

                Just because a photo is on the web doesn't mean that putting it into a security system is fair use of that image.

                "Nuh uh" is an insufficient argument. I suggest your avail yourself of Google or DuckDuckGo's services.

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                • (Score: 1) by khallow on Wednesday February 01 2023, @03:56AM (7 children)

                  by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @03:56AM (#1289580) Journal

                  You seriously can't think of a way a law firm employee would end up on a surveillance camera?

                  Yes. How did that happen? How did they know it was law firm employee?

                  • (Score: 2) by Tork on Wednesday February 01 2023, @04:13AM (6 children)

                    by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @04:13AM (#1289581)
                    Are you under the impression none of these lawyers have never set foot on the property before?
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                    • (Score: 1) by khallow on Wednesday February 01 2023, @02:15PM (5 children)

                      by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @02:15PM (#1289638) Journal

                      Are you under the impression none of these lawyers have never set foot on the property before?

                      How did they get the right people? If they want to block Elmer Fudd from the property and an Elmer Fudd shows up, how do they know they have the right Elmer Fudd before they stick him in the facial database? My take is that they misused copyrighted images or were conducting some sort of surveillance of the firms in question in the first place in order to know who to ban from the property. There's a chicken and egg problem that doesn't go away even if every banned lawyer in question has been to the property before.

                      And it opens a new can of worms. Because now they're using surveillance video of people for a purpose other than the necessary. I think they're in trouble no matter what happens.

                      • (Score: 2) by Tork on Wednesday February 01 2023, @06:15PM (4 children)

                        by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @06:15PM (#1289698)

                        ...how do they know they have the right Elmer Fudd before they stick him in the facial database?

                        They could simply pore over all the info he gave them when he purchased a ticket.

                        My take is that they misused copyrighted images....

                        Lol, nope. They might have violated privacy laws, but copyright is not a factor. And, no, I'm not entertaining the possibility that it is. Maybe we can revisit if MSG ever decides to sell their image database or make it public.

                        ...or were conducting some sort of surveillance of the firms in question...

                        I'm not disputing they possibly broke the law in collecting the data they need, it's just not called 'piracy' or 'search'.

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                        • (Score: 1) by khallow on Wednesday February 01 2023, @06:35PM (3 children)

                          by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @06:35PM (#1289706) Journal

                          They could simply pore over all the info he gave them when he purchased a ticket.

                          Like? "Employer" seems like one of those categories that would be missing.

                          Maybe we can revisit if MSG ever decides to sell their image database or make it public.

                          Or is required by a court or regulator order to reveal where they received those images from.

                          I'm not disputing they possibly broke the law in collecting the data they need, it's just not called 'piracy' or 'search'.

                          Except, of course, when it is such.

                          • (Score: 2) by Tork on Wednesday February 01 2023, @06:47PM (2 children)

                            by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @06:47PM (#1289710)

                            Like? "Employer" seems like one of those categories that would be missing.

                            "Preferred Star Trek Series" is probably not one of those categories, either. Yet data mining still happens. Gee.

                            Or is required by a court or regulator order to reveal where they received those images from.

                            Not related to copyright.

                            Except, of course, when it is such.

                            In that case they might have jaywalked the images into their database. MSG would be relieved, that's just a fine... if NYC even enforces it.

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                            • (Score: 1) by khallow on Wednesday February 01 2023, @07:16PM (1 child)

                              by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @07:16PM (#1289720) Journal

                              "Preferred Star Trek Series" is probably not one of those categories, either. Yet data mining still happens. Gee.

                              This is starting to sound like another one of those searches you say aren't searches.

                              • (Score: 2) by Tork on Wednesday February 01 2023, @07:27PM

                                by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @07:27PM (#1289722)
                                It sounds just as much like jaywalking, too! Very astute.
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        • (Score: 1) by khallow on Tuesday January 31 2023, @10:06PM (4 children)

          by khallow (3766) Subscriber Badge on Tuesday January 31 2023, @10:06PM (#1289543) Journal
          How did they know there people were lawyers at these firms? Someone collected that data. That's a search right there. And given that there was no legitimate reason to collect those facial images, it was unreasonable as well. Then they dropped the images into the facial recognition software and scanned tens to hundreds of thousands of people looking for lawyers. That's another unreasonable search.
          • (Score: 2) by Tork on Tuesday January 31 2023, @10:28PM (3 children)

            by Tork (3914) Subscriber Badge on Tuesday January 31 2023, @10:28PM (#1289553)
            siiiiiiiiiiiiiiiigh....

            search v. 1) to examine another's premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional under the 4th and 14th Amendments for law enforcement officers to conduct a search without a "search warrant" issued by a judge or without facts which give the officer "probable cause" to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant. 2) to trace the records of ownership of real property in what is commonly called a "title search." See also: chain of title probable cause search and seizure search warrant abstract

            https://dictionary.law.com/Default.aspx?selected=1893 [law.com]

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            • (Score: 1) by khallow on Wednesday February 01 2023, @03:25AM (2 children)

              by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @03:25AM (#1289574) Journal

              to examine another's premises (including a vehicle) to look for evidence of criminal activity.

              I think that counts here. Remember what MSG Entertainment's rationalization was again? "creates an inherently adverse environment." A private entity won't have a concept of criminal activity with respect to the entity (but government authorities still do). But they will have a concept of detrimental or harmful activity - such as disruptive behavior or committing actual crimes (as per government authorities) on the premises.

              Here, it is not reasonable to assemble data (the first search) on people that don't cause such problems. And now, they're mass scanning their audience for these lawyers? That's the other unreasonable search since there was no expectation that lawyers would be such a problem.

              Keep in mind that we already have laws related to these sorts of searches such as doxxing and slander/libel. If I'm butthurt on the internet, I don't get to legally reveal your personal information. Nor do I get to put your scowling face beside a crime report for filler because that gives the false impression you committed that crime. Obviously, it depends on jurisdiction and such (them foreigners can laugh this off for the most part), but if you're in the jurisdiction like MSG Entertainment is, you're subject to those laws.

              • (Score: 2) by Tork on Wednesday February 01 2023, @03:30AM (1 child)

                by Tork (3914) Subscriber Badge on Wednesday February 01 2023, @03:30AM (#1289577)

                That's the other unreasonable search since there was no expectation that lawyers would be such a problem.

                It might violate NYC privacy laws but your choice of terms is incorrect.

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                • (Score: 1) by khallow on Wednesday February 01 2023, @02:16PM

                  by khallow (3766) Subscriber Badge on Wednesday February 01 2023, @02:16PM (#1289639) Journal
                  Unless, of course, my terms are correctly used.
      • (Score: 2) by mcgrew on Tuesday January 31 2023, @08:25PM (2 children)

        by mcgrew (701) <publish@mcgrewbooks.com> on Tuesday January 31 2023, @08:25PM (#1289520) Homepage Journal

        Notice it doesn't say "government searches and seizures".

        Not right there it doesn't. Context is king, read the whole document.

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        • (Score: 0, Troll) by khallow on Tuesday January 31 2023, @09:16PM

          by khallow (3766) Subscriber Badge on Tuesday January 31 2023, @09:16PM (#1289535) Journal
          I've stated the context already. What would be the point of this irrelevant exercise?
        • (Score: 1, Touché) by Anonymous Coward on Wednesday February 01 2023, @02:03AM

          by Anonymous Coward on Wednesday February 01 2023, @02:03AM (#1289566)

          Context is king, read the whole document.

          I'll do that after I'm convinced SCOTUS has as well.

      • (Score: 2) by Tork on Tuesday January 31 2023, @10:11PM

        by Tork (3914) Subscriber Badge on Tuesday January 31 2023, @10:11PM (#1289547)

        Notice it doesn't say "government searches and seizures".

        Question- Can warrants (in the context of that amendment) be issued by non-government entities?

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    • (Score: 3, Insightful) by NotSanguine on Tuesday January 31 2023, @09:44PM

      So which laws and specific clauses are they breaking?

      IIUC (IANAL, YMMV etc.), New York State law requires that in order to maintain a liquor license (MSG venues sell beer and other alcoholic beverages) the venue *must* admit members of the public.

      I get the whole "no shirt, no shoes, no service" bit. And I get the "we need to make sure that disruptive [espn.com] attendees who have previously been ejected are barred from a venue" angle as well.

      However, banning (and enforcing that ban through facial recognition) all employees of firms that have legal cases pending against a business, even if those employees aren't involved in the litigation is pretty nasty, especially since they'll happily sell you tickets to those venues, then deny you entry without recourse or compensation is wrong IMHO.

      MSG's behavior is even more egregious since, they apparently trolled the websites of law firms involved in litigation against them, grabbed employee photos and added them to the facial recognition "ban" list for all their venues.

      I'd note that these locations aren't factories or offices where such "adversaries" could obtain privileged information or spy on the organization, they are theaters (e.g., Radio City Music Hall [wikipedia.org]), Arenas (e.g., Madison Square Garden [wikipedia.org]) and other entertainment venues.

      It's just petty nastiness to feed the ego of James Dolan [wikipedia.org].

      --
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  • (Score: 2) by Gaaark on Tuesday January 31 2023, @07:08PM

    by Gaaark (41) on Tuesday January 31 2023, @07:08PM (#1289506) Journal

    They should get someone to read the fine print: a lawyer, maybe.

    OH, WAIT! BAHAHAHAHAHA!

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  • (Score: 4, Informative) by mcgrew on Tuesday January 31 2023, @08:13PM (1 child)

    by mcgrew (701) <publish@mcgrewbooks.com> on Tuesday January 31 2023, @08:13PM (#1289516) Homepage Journal

    MSG is monosodium glutamate, a food additive. Damned lazy kids and your stupid acronyms!

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    • (Score: 3, Funny) by tizan on Tuesday January 31 2023, @09:33PM

      by tizan (3245) on Tuesday January 31 2023, @09:33PM (#1289538)

      Exactly ...my first glance was "Oh damn ... MSG intake by lawyers can identify them !"
      what lawyers eat of a lot of Ajinomoto ?!

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