Congress Pressed to Develop Privacy Safeguards as Law Enforcement Adopts AI
• Law enforcement is increasingly using AI technology, so Congress needs to develop a privacy/civil rights framework to regulate federal AI use.
• Red-light camera case law provides insights into how courts handle due process issues with automated enforcement systems.
• Using camera evidence without allowing individuals to cross-examine system operators violates the right to confront one's accuser.
• AI-generated evidence raises questions around the presumption of innocence and who bears the burden of proof.
• Congress should exercise oversight of federal agencies' AI use, gain insights into best practices, and develop clear guardrails.