By Mark Rosch

A defense attorney in Florida is believed to be the first to use artificial intelligence-based facial recognition software to exonerate a client.

The New York Times is reporting that Patrick Bailey of Ft. Meyers, FL succesfully requested access to Clearview AI's facial recognition software in order to identify a witness who could testify whether Bailey's client caused a traffic accident that resulted in the death of the client's friend.

Clearview AI is a privately-owned, U.S. based company, that has "developed a revolutionary, web-based intelligence platform for law enforcement to use as a tool to help generate high-quality investigative leads. [Their] platform, powered by facial recognition technology, includes the largest known database of 30+ billion facial images sourced from public-only web sources, including news media, mugshot websites, public social media, and other open sources." 

Jerome Greco, who oversees a forensics technology lab at the Legal Aid Society, in New York City told the New York Times, “this is mostly being done as a P.R. stunt to try to push back against the negative publicity that Clearview has about its tool and how it’s being used by law enforcement.”

While this case may be a one-off for now...is the genie now out of the bottle setting a precedent for defense attorneys to have access to these powerful tools?

Read the full story at the New York Times.

_{Last Updated: 3 October 2022}