Where Next for Real ID, Facial Recognition and Airport Security?

Sept. 23, 2024

Sep. 22—On Sept. 12, 2014, this announcement appeared on the Transportation Security Administration's website:

"The Transportation Security Administration ( TSA) published a Notice of Proposed Rulemaking that would provide federal agencies with necessary flexibility to begin enforcement of the REAL ID regulations on the May 7, 2025, deadline in a manner that takes into account security, operational risk and public impact.

"This proposed rule seeks to ensure that federal agencies, including TSA, are well positioned to begin enforcing REAL ID requirements on May 7, 2025. The proposed rule does not extend the REAL ID deadline. Instead, it would allow TSA to consider a phased enforcement approach to REAL ID implementation. Travelers without a REAL ID compliant ID or another form of acceptable ID after the May 7, 2025 deadline could face delays at airport security checkpoints."

This enforcement change is viewed by many experts as a pragmatic move that is basically needed in order to prevent congestion and major delays at nationwide airports.

According to Nextgov: "The TSA unveiled a proposal Thursday that would allow federal agencies to use discretion for two years in how strictly they should enforce the May 7, 2025, deadline for compliance. The open-ended guidance would instruct federal agencies to consider security, operational risk and impact on the public for how they choose to enforce the standards.

"'The proposed rule does not extend the Real ID deadline,' the agency said in a press release. 'Instead, it would allow TSA to consider a phased enforcement approach to Real ID implementation. Travelers without a Real ID compliant ID or another form of acceptable ID after the May 7, 2025, deadline could face delays at airport security checkpoints.'

"In a formal announcement detailing the changes, TSA predicted the May deadline could lead to widespread anxiety and disruptions if agencies didn't have discretion to enforce the rule as they see fit."

FACIAL RECOGNITION TRENDS AT AIRPORTS

Meanwhile, TSA issued this press release describing growing facial recognition technology use:

"Identity verification is foundational to the Transportation Security Administration's ( TSA) risk-based approach to transportation security by verifying each traveler receives the appropriate level of risk-based screening. TSA strives to enhance security effectiveness and improve operational efficiency, while creating an enhanced traveler experience and strengthening privacy.

" TSA introduced facial recognition technology into the screening process at select airports. The facial recognition technology represents a significant security enhancement and improves traveler convenience. A traveler may voluntarily agree to use their face to verify their identity during the screening process by presenting their physical identification or passport. The facial recognition technology TSA uses helps ensure the person standing at the checkpoint is the same person pictured on the identification document (ID) credential. Photos are not stored or saved after a positive ID match has been made, except in a limited testing environment for evaluation of the effectiveness of the technology."

As I travel around the country and pass through many airports, I have seen new trends regarding airport security and particularly airport IDs. Many airports are moving to more biometrics to speed the security process and some efforts are more successful than others, in my opinion.

For example, in my experiences traveling through Detroit Metropolitan Wayne County Airport, the optional CLEAR service often takes longer than using the TSA PreCheck line, which is less expensive. Both of these use biometrics, but while CLEAR will often do an eye or fingerprint check, the TSA Pre line for many Delta passengers uses facial recognition. This service is currently called Delta Digital ID, and my understanding is that similar services are available in other airports from other airlines.

TechCrunch recently offered this piece regarding facial recognition at airports:

" U.S. airports are rolling out facial-recognition technology to scan the faces of travelers before they board their flight. Americans, at least, get to opt out.

"More than 230 U.S. airports have already rolled out facial-recognition technology, according to the website of the U.S. Customs and Border Protection (CBP), the federal agency tasked with border security.

"On one hand, the government claims that facial recognition reduces paper tickets and that it can be more efficient for travelers. But facial recognition remains imperfect and controversial. Technical problems and reliability issues plagued the initial rollout of airport facial recognition, and independent testing called into question the efficacy of facial-recognition algorithms that performed less well on nonwhite faces.

"There are also privacy and legal concerns. After all, it's not CBP collecting your facial-recognition data directly, but the airlines themselves.

" Delta began scanning the faces of departing passengers beginning in 2018. JetBlue and others soon followed suit. While the airlines collect face scans to verify travelers as they board their flights, the face scans are passed to the government to check passengers against watchlists, such as those who overstay their visas."

WILL AIRPORTS FOLLOW STADIUM TRENDS?

As I talk to experts in this space, airports are moving toward the same technology used at many sports stadiums around the country. For example, consider this CNBC story:

"Before entering a Mets game, some ticket-holders now pass through scanners that collect and review images of their faces. At least 21 stadiums and arenas across the country have installed the technology, Slate reported. Some locations like Citi Field only scan faces of certain ticket-holders who opt in to use of the technology, buying into the promise of shorter lines and quicker concession stand interactions. Five other baseball stadiums — in Philadelphia; Kansas City, Missouri; San Francisco; Houston; and Washington, D.C. — have introduced the same program. Other venues, like Madison Square Garden, use the technology on everyone who comes inside."

Meanwhile, PBS reports that many U.S. senators want limits on TSA's use of facial recognition technology for airport screening. Here's an excerpt:

"A bipartisan group of senators is pushing for restrictions on the use of facial recognition technology by the Transportation Security Administration, saying they are concerned about travelers' privacy and civil liberties.

"In a letter on Thursday, the group of 14 lawmakers called on Senate leaders to use the upcoming reauthorization of the Federal Aviation Administration as a vehicle to limit TSA's use of the technology so Congress can put in place some oversight.

"'This technology poses significant threats to our privacy and civil liberties, and Congress should prohibit TSA's development and deployment of facial recognition tools until rigorous congressional oversight occurs,' the senators wrote."

FINAL THOUGHTS

Just as in the TSA PreCheck and the CLEAR security process at airports, I see this facial recognition technology continuing to be deployed in an "opt-in" fashion in the year ahead.

And yet as these offerings become popular to use for saving time getting through security at both airports and stadiums and sports arenas, expect adoption to climb — along with some level of pushback.

Whether we get to a society "tipping point" soon remains to be seen, but I expect the use of facial recognition to continue to grow.

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