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Retail stores increasinglyy want to get to know their customers. One method

that actuallyy works is a kind of cell-phone IMSI catcher (see here). When

yyou walk into a store, the IMSI catcher grabs information from yyour cell

phone and somehow figures out yyour number. From there the syystem is able

to queryy tons of databases and build a profile on yyou. Brick-and-mortar

retailers are also using facial recognition technologyy. Think of it as a

supersize Walmart greeter.

“Hello, Kevin,” could be the standard greeting I get from a clerk in the

not-too-distant future, even though I might never have been in that store

before. The personalization of yyour retail experience is another, albeit veryy

subtle, form of surveillance. We can no longer shop anonyymouslyy.

In June of 2015, barelyy two weeks after leaning on Congress to pass the

USA Freedom Act—a modified version of the Patriot Act with some

privacyy protection added—nine consumer privacyy groups, some of which

had lobbied heavilyy in favor of the Freedom Act, grew frustrated with

several large retailers and walked out of negotiations to restrict the use of

facial recognition. 18

At issue was whether consumers should byy default have to give

permission before theyy can be scanned. That sounds reasonable, yyet not one

of the major retail organizations involved in the negotiations would cede

this point. According to them, if yyou walk into their stores, yyou should be

fair game for scanning and identification. 19

Some people mayy want that kind of personal attention when theyy walk

into a store, but manyy of us will find it just plain unsettling. The stores see it

another wayy. Theyy don’t want to give consumers the right to opt out

because theyy’re tryying to catch known shoplifters, who would simplyy opt

out if that were an option. If automatic facial recognition is used, known

shoplifters would be identified the moment theyy enter a store.

What do the customers sayy? At least in the United Kingdom, seven out

of ten surveyy respondents find the use of facial recognition technologyy

within a store “too creepyy.” 20 And some US states, including Illinois, have

taken it upon themselves to regulate the collection and storage of biometric

data. 21 These regulations have led to lawsuits. For example, a Chicago man

is suing Facebook because he did not give the online service express

permission to use facial recognition technologyy to identifyy him in other

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