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Chronicles

The story behind the story

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How ACLU and activist Kade Crockford convinced Massachusetts lawmakers to pass a police reform bill banning the use of facial recognition tech in criminal cases

Massachusetts is one of the first states to put legislative guardrails around the use of facial recognition technology in criminal investigations.

New York Times Kashmir Hill

Context & Ripple Effects

The Massachusetts ban did not appear from nowhere: it caps a run that started at city level, when Boston passed an ordinance banning government use of facial recognition alongside San Francisco, Oakland, and Cambridge, and continued when California blocked police face recognition in body cams with Oregon and New Hampshire following. The state legislature's vote to pass the police reform bill in December 2020 made Massachusetts one of the first states to put statutory guardrails around the technology in criminal investigations.

What this NYT piece adds is the how: ACLU organizer Kade Crockford's advocacy campaign persuaded lawmakers to write the ban into the reform bill, a playbook that matters because the story is not over — the 2023 coverage shows Massachusetts already renegotiating the ban into a bill permitting image matching while prohibiting face surveillance and emotion recognition, one that could set the national standard.

First-order effects

  • Police departments and public agencies in Massachusetts lose facial recognition as an investigative tool in criminal cases, with compliance now defined by statute rather than department policy.
  • The ACLU and Crockford gain a validated state-level advocacy template: a full ban written into a broader police reform bill, stronger than the city ordinances that preceded it.

Second-order effects

  • Facial recognition vendors lose a state market and face pressure to accept carve-outs — the 2023 Massachusetts proposal allowing image matching but not surveillance shows vendors and police negotiating permitted uses rather than fighting the ban outright.
  • Other states weighing face recognition rules now have a worked example of a legislative ban, shifting the debate from whether to regulate to which uses to allow.

Third-order effects

  • If the Massachusetts arc holds — ban first, then a negotiated framework distinguishing matching from surveillance — state face recognition law converges on use-specific regimes rather than outright prohibition, with the ACLU positioned as the counterweight defining the prohibited category.
  • A patchwork of state statutes (California's body-cam rule, Oregon and New Hampshire's versions, Massachusetts' ban) pushes vendors toward compliance-by-design and raises the odds of eventual federal standardization.

The trend: Facial recognition governance is migrating from city ordinances to state statutes that begin as bans and get renegotiated into use-specific frameworks, with Massachusetts as the test case.

Discussion

  • @kashhill Kashmir Hill on x
    A trope when I cover facial recognition stories is to say that “there are no laws for its use.” But now laws are *starting* to come. One of the first states to usher in new rules is Massachusetts. Here's how it happened: https://www.nytimes.com/...
  • @jameeljaffer Jameel Jaffer on x
    Well-deserved recognition for @ACLU_Mass's @onekade, who has been an incredibly effective advocate on this issue and many others https://www.nytimes.com/...
  • @onekade Pls Vaccinate Me on x
    An entire movement is responsible for this, and we ain't done yet! https://twitter.com/...
  • @drewharwell Drew Harwell on x
    “We don't want to play Whac-a-Mole and ban every new dystopic piece of surveillance technology. We want an opt-in dynamic where if society decides they want it, they can have it” https://www.nytimes.com/...
  • @eoinhiggins_ Eoin Higgins on x
    .@onekade is one of the most driven and inspiring people working against authoritarian creep in law enforcement technology. Great article about their work—and the work of others—to institute facial recognition restrictions in Massachusetts. https://www.nytimes.com/...
  • @repdaverogers Dave Rogers on x
    Great piece in the NYTimes on our new law in MA limiting and regulating the use of facial recognition technology in Massachusetts which I introduced - great team effort with @ACLU_Mass - there's more work ahead in this area but a good start https://www.nytimes.com/...
  • @zacharynado Zachary Nado on x
    “Police first must get a judge's permission before running a face recognition search, and then have someone from the state police, the FBI or the RMV perform the search. A local officer can't just download a facial recognition app and do a search.” https://www.nytimes.com/... htt…
  • @benforward3 Ben Ewen-Campen on x
    “That month, the city of Somerville...passed the state's first ban on government use. It was the second city in the country to do so.” Proud of the role we played the fight against face recognition in Massachusetts. @ACLU_Mass @onekade @kashhill https://www.nytimes.com/...
  • @nytimesbusiness @nytimesbusiness on x
    When Massachusetts cops have a photo of a criminal suspect, they will now need a judge to sign off before they can run the person's face through a facial recognition system. https://www.nytimes.com/...
  • @iotprivacyforum @iotprivacyforum on x
    “One of my concerns was that we'd wake up one day in Minority Report, where everywhere you go, your body is tracked; your movements, habits, activities and locations are secretly compiled in a searchable database available to god knows who.” #IoTprivacy https://www.nytimes.com/..…
  • @schwarz Jon Schwarz on x
    Lots of people think it's impossible to change politics in a positive direction. It's not, though. It just requires years of work by many serious committed human beings like @onekade https://www.nytimes.com/...
  • @onekade Pls Vaccinate Me on x
    This is a very nice comment about me. But the larger point is 100 percent true. This work is succeeding because hundreds of people nationwide have prioritized it, and our work has been strategic, coordinated, and deliberate. That's why we are winning. When we fight, we win. https…
  • @cindycreem Cynthia Creem on x
    Great article in @nytimes on the new #facialrecognition law in MA! As the lead sponsor of this bill I was proud to work w/@ACLU_Mass & @onekade on this bill to protect #privacy and #civilliberties and protect people from racial bias. https://www.nytimes.com/...
  • @froomkin Dan Froomkin on x
    “If you ask lawmakers in the state how they pulled it off, they will frequently refer you to one person: Kade Crockford, an activist at the ACLU of Massachusetts.” A big round of applause for @onekade! https://twitter.com/...
  • @jathansadowski Jathan Sadowski on x
    I love that the answer to this headline is: “largely because we have @onekade”. Every state needs their own squad of Kades who know how to get the goods! One Kade is not enough. https://www.nytimes.com/...
  • @patrick_horan9 Patrick Horan on x
    “NBA player Jaylen Brown and his Celtics teammates submitted an opinion article to the Boston Globe decrying the technology's racial bias problems and supporting the regulation.” https://www.nytimes.com/...
  • @aclu_mass ACLU Massachusetts on x
    The fight against face surveillance in Massachusetts isn't over. Check out @kashhill's reporting on our movement to regulate this dangerous technology throughout the state. And remember, as @onekade says, “this is very much not done.” #PressPause https://www.nytimes.com/...
  • @trevortimm Trevor Timm on x
    Finally, the Paper of Record acknowledges what some of us have known for years: that @onekade is awesome. https://www.nytimes.com/...