Finish the Work of Last Year’s Police Reform Bill by Banning Facial Surveillance

Facial surveillance

Tuesday, November 23, 2021

Dear Chair Eldridge, Chair Day, and Members of the Joint Committee on the Judiciary:

I am submitting testimony today on behalf of Progressive Massachusetts. Progressive Massachusetts is a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic.

We are appreciative of the work that the Legislature did last session in passing police accountability legislation that created better standards for police professionalization as well as stronger limitations on the use of force. But there is more work to be done. In that light, we urge you to give a favorable report to H.135/S.47: An Act to Regulate Face Surveillance.

Last year, the House and Senate adopted a strong framework for government use of face surveillance in the Commonwealth, but the legislation was significantly weakened by Governor Baker before ultimate passage. H.135 and S.47 are nearly identical to the original language passed by the House and Senate. They would allow controlled use of this technology for legitimate police investigations while strengthening protections for our privacy, freedom of speech, racial justice, and civil rights.

From last year’s debate, I expect that you are familiar with the myriad problems posed by facial surveillance, with regard to both use (e.g., its track record of inaccuracy, especially in distinguishing between Black and Brown individuals—and the dangers that poses) and its susceptibility to abuse (e.g., the ease with which officers could take advantage of data for personal reasons having no relation to public safety).  

The current regulations on facial surveillance are deficient in several key ways:

  1. They only regulate facial recognition technology as used by law enforcement agencies, neither prohibiting nor regulating when this technology can or cannot be used by public agencies of different nature, for example schools or local parks departments.
  • They do not establish any limitation regarding who can directly use and operate a facial recognition system and impose very weak standards governing police requests, court orders, and the use of the technology in criminal investigations.
  • They fail to provide any due process protections for defendants who have been subject to the use of facial recognition systems.
  • They lack any enforcement mechanism to ensure that public officials comply with the law.

Thankfully, H.135 and S.47provide for useful policy solutions to these problems. They would, among other steps, prohibit all public entities, including public schools, the department of transportation, and other public agencies in the Commonwealth, from using and possessing this technology; create a notice-and-disclosure framework that will let persons know when facial recognition was used to identify them; and establish an exclusionary rule that would apply when law enforcement uses facial recognition in a manner that does not conform with the law.

We encourage you to give a favorable report to H.135 and S.47. We need strong regulations to ensure it doesn’t infringe on our civil rights and civil liberties, and this legislation provides an excellent model.

Thank you for your attention and consideration.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Lifting up MA’s Families with the Common Start Bill

Common Start MA logo

Today, the Joint Committee on Education held its hearing on the Common Start bill. Read our testimony below — and find out how to take action at progressivemass.com/common-start-2021.

Testimony of Progressive Massachusetts in support of H.605 and S.2362: An Act providing affordable and accessible high quality early education and care to promote child development and well-being and support the economy in the Commonwealth

October 23, 2021

Chairman Lewis, Chairwoman Peisch, and Members of the Joint Committee on Education:

My name is Jonathan Cohn, and I am the chair of the Issues Committee of Progressive Massachusetts. Progressive Massachusetts is a statewide grassroots advocacy organization that fights for a more equitable, just, sustainable, and democratic Massachusetts. We are urging you to give a favorable report to H.605 and S.362: An Act providing affordable and accessible high quality early education and care to promote child development and well-being and support the economy in the Commonwealth, jointly known as the Common Start bill.

The COVID-19 pandemic has highlighted the weakness of our child care infrastructure, but families were already struggling before. According to the Economic Policy Institute, Massachusetts has the most expensive infant care in the country, after the District of Columbia, with the annual cost for infant care or child care of a four-year-old higher than that of college tuition. [1] The $20,913 average annual cost of child care and $15,095 average annual cost for care for a four-year-old is more than half what a minimum wage worker would earn in a year. These costs are prohibitively expensive for low- and middle-income families, who are forced to choose between making ends meet and saving for the future on one hand or affording child care on the other.

The Common Start bill will lift up Massachusetts families by providing child care and early education that is affordable for everyone.  It is most essential to lower-income families, but it will also aid middle-income families who must cope with the highest cost child care in the nation.  We need the quarter million workers who have left the workforce to return to their jobs so they can have income stability and we need them employed for our economy to prosper.

Investments in child care and early education are not only good for the economic security of parents: they are also highly beneficial for children. High-quality early education programs get results. Children benefit with enhanced resiliency and employment opportunities over their lifetimes. Providing children with high-quality early education and child care is one of the most effective ways to further a child’s success in grades K-12 and beyond.

With resources coming in from the federal government through the American Recovery Plan, we have an opportunity to build a child care and early education infrastructure worthy of our Commonwealth. We urge you to take it and to pass the Common Start legislation.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

[1] https://www.epi.org/child-care-costs-in-the-united-states/#/MA