The full text of this Note may be found here.
30 Fordham Intell. Prop. Media & Ent. L.J. 985 (2020).
Note by Kirsten Flicker*
n recent years, biometric data has crept its way into sports venues. In 2015, Major League Baseball began to use fingerprinting at stadium entrances. More recently, reporters have alerted spectators to the use of facial recognition technology in arenas such as Madison Square Garden. Proponents of these developments insist that the technology conveniences spectators, increases venue security, and enhances the overall spectator experience. Yet these claims fail to take into account the possibility of irremediable data breaches, the inaccuracies in facial recognition technology, and the privacy and unfair and deceptive trade practice concerns this technology raises. Further, there is an overarching concern about the lack of regulation of biometric data. This Note examines the benefits and concerns of biometric technology as well as the options for regulating it. Ultimately, this Note finds that national regulation of biometric technology would best serve sports spectators. In particular, this Note recommends a uniform standard for venues in all states that requires transparency of biometric data policies, and protection of spectator data.
* J.D. Candidate, Fordham University School of Law, 2020; B.S., Legal Studies, St. John’s University, 2016. I would like to thank Professor Susan Scafidi for her guidance, advice, and inspiration throughout the initial writing process, as well as the IPLJ Editorial Board and staff for their editing and feedback, particularly Senior Research & Writing Editor Elliot Fink and former Senior Research & Writing Editor Sean Corrado. I would also like to extend a special thank you to my family and friends for supporting me with iced coffee, giving me inspiration, and sending me all fashion and artificial intelligence-related news articles they found.