Microsoft Prohibits Law Enforcement Agencies in the United States from Implementing Enterprise AI Tool for Facial Recognition

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1. Microsoft bans U.S. police departments from using generative AI for facial recognition through Azure OpenAI Service.
2. New terms of service for Azure OpenAI Service specifically prohibit facial recognition in uncontrolled environments by law enforcement globally.
3. The ban on Azure OpenAI Service usage by police is limited to the U.S. and does not cover facial recognition from stationary cameras in controlled environments or international police departments.

Microsoft has updated its policy to prohibit U.S. police departments from using generative AI for facial recognition through the Azure OpenAI Service. This change in terms now explicitly states that the service cannot be used by or for police departments in the U.S. for facial recognition purposes, including text- and speech-analyzing models. The new terms also extend to law enforcement globally and ban the use of real-time facial recognition technology on mobile cameras.

Critics have pointed out potential pitfalls of using AI in law enforcement, such as hallucinations and racial biases. It is unclear if a recent product launch by Axon, a maker of tech and weapons products for military and law enforcement, using OpenAI’s GPT-4 generative text model, prompted Microsoft to update its policy. Microsoft’s new terms still allow for the use of facial recognition with stationary cameras in controlled environments but prohibit its use by U.S. police departments.

Microsoft and OpenAI have been navigating AI-related law enforcement and defense contracts, with OpenAI working with the Pentagon on cybersecurity projects, despite earlier restrictions. Microsoft has also proposed using OpenAI’s DALL-E image generation tool for military operations. The Azure OpenAI Service was introduced in Microsoft’s Azure Government product in February, with enhanced compliance features for government agencies, including law enforcement.

After the initial publication of the policy change, Microsoft clarified that the ban on using Azure OpenAI Service for facial recognition applies only to the U.S. and not a blanket ban on police departments using the service.

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