Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×
AI

MSG Defends Using Facial Recognition To Kick Lawyer Out of Rockettes Show (arstechnica.com) 296

An anonymous reader quotes a report from Ars Technica: When Kelly Conlon joined her daughter's Girl Scout troop for a fun outing to see the Rockettes perform their Christmas Spectacular show at Radio City Music Hall in New York, she had no idea she would end up booted from the show once she entered the building. Security stopped Conlon, NBC New York reported, because she is a New Jersey lawyer. It seems that Madison Square Garden Entertainment has begun using facial recognition technology to identify any visitor to any of its venues -- including Radio City Music Hall -- who is involved with any law firm that is actively involved in litigation against MSG Entertainment.

Conlon has never practiced law in New York nor personally been involved in litigation against MSG Entertainment. Instead, she is guilty by association, as an associate for Davis, Saperstein and Solomon, which has spent years tangled up in litigation against a restaurant that NBC reported is "now under the umbrella of MSG Entertainment." According to Conlon, she became aware of this supposed conflict of interest when security guards approached her in the Radio City Music Hall lobby just as she passed through the metal detector. Over the speakers, Conlon heard a warning about a woman in a gray scarf, then security confirmed the warning was about her, telling her, "Our recognition picked you up."

Despite Conlon assuring security that "I'm not an attorney that works on any cases against MSG," she was escorted out. Ars could not immediately reach MSG for comment, but in a statement, MSG said the same thing would've happened to any attorney involved in her firm, claiming that her firm had been "notified twice" of MSG's policy. "MSG instituted a straightforward policy that precludes attorneys pursuing active litigation against the Company from attending events at our venues until that litigation has been resolved," the statement provided to NBC said. "While we understand this policy is disappointing to some, we cannot ignore the fact that litigation creates an inherently adverse environment."

This discussion has been archived. No new comments can be posted.

MSG Defends Using Facial Recognition To Kick Lawyer Out of Rockettes Show

Comments Filter:
  • by Powercntrl ( 458442 ) on Tuesday December 20, 2022 @10:36PM (#63146636) Homepage

    Would the scan still have worked if she had been wearing a covid mask?

    • I'll bet not (Score:5, Insightful)

      by SuperKendall ( 25149 ) on Tuesday December 20, 2022 @10:49PM (#63146648)

      Would the scan still have worked if she had been wearing a covid mask?

      Seems unlikely, so that seems like a mandatory fashion accessory...

      But how would that system have known from her face she was a problem, and not at the time she bought a ticket??? Seems like the ticket should have been refunded as soon as she bought.

      • by AmiMoJo ( 196126 )

        Sounds like they had a group ticket, but yeah... In Europe you can't just scrape faces off a website and feed them into your facial recognition software.

    • by magnetar513 ( 1384317 ) on Wednesday December 21, 2022 @12:02AM (#63146782)
      Around 15 years ago I read an article describing facial recognition programs that relied on metrics such as inter-pupillary distance to identify individuals, so that even plastic surgery often could not foil the software. Around 10 years ago I read about a surveillance camera that could read fingerprints five meters away. My guess is that a covid mask would not be much of a precaution.
      • by vbdasc ( 146051 )

        Then, maybe a burka, Taliban-style?

      • by AmiMoJo ( 196126 )

        Fingerprints from 5m sounds like BS. Maybe under ideal conditions.

      • None of that would be in common use though.

      • Around 15 years ago I read an article describing facial recognition programs that relied on metrics such as inter-pupillary distance to identify individuals, so that even plastic surgery often could not foil the software. Around 10 years ago I read about a surveillance camera that could read fingerprints five meters away. My guess is that a covid mask would not be much of a precaution.

        The thing about reading on emerging technology is that even years later you may very well find it not implemented in many places. A quick search around the internet shows that using covid masks is complete hit and miss. Some systems don't handle them at all. Some systems handle them with but with a high error rate. And some of the most recent systems handle them quite well.

        There's no telling what system is in use here.

        Around 10 years ago I read about a surveillance camera that could read fingerprints five meters away.

        Yes you did. And you haven't read about it since. The product never worked, never came to

  • by sfcat ( 872532 ) on Tuesday December 20, 2022 @10:59PM (#63146668)

    "MSG instituted a straightforward policy that precludes attorneys pursuing active litigation against the Company from attending events at our venues until that litigation has been resolved,"

    That policy directly violates New York law and now MSN will get the joy of defending its liquor license. You might say, who cares but most venues make the majority of their revenue from alcohol sales (even this one, wine by the glass has to be a big money maker for them). And according to NY law, any establishment with a liquor license has to admit anyone who isn't a disturbance. And this person is a lawyer too so they can't just brush it under the rug. Hard to imagine this blowing up in MSN's face is a worse way. They get to choose between losing liquor sales which have to be in the multiple millions a year for that venue, or getting rid of this policy. Guess which one they will pick? And I'm betting whatever silly executive decided this was a good idea will be "leaving to spend more time with their family" soon. It is rare you get to see karma in action like this. Enjoy the popcorn.

    • by Entrope ( 68843 )

      Can you provide a poner to the specific language that requires them to admit these lawyers?

      https://www.reuters.com/legal/... [reuters.com] says that a state judge (note: the "New York State Supreme Court" is the trial level, not an appellate court) ruled that MSG can't kick people out after admitting them, but it can revoke the ticket until that point. The First Amendment also has a whole "freedom of association" thing that means businesses can refuse service to people for an awful lot of reasons.

      • I'm pretty sure since they had her picture and knew who she was, the ticket was not bought in her name. Her showing up with it was the first chance they had to revoke it, which they did immediately. It is a pretty big logical stretch for being asked to leave by security at the metal detector to qualify as "after admiission". No judge is going to accept that being rejected by the gatekeepers at the gates counts as admission.

        Look at the other possibility, which is impossible for anyone but the lawyer to know

      • by sconeu ( 64226 )

        The First Amendment also has a whole "freedom of association" thing that means businesses can refuse service to people for an awful lot of reasons

        Is MSG a governmental entity? If not, then the First Amendment doesn't apply to some extent.

        • by Entrope ( 68843 )

          The First Amendment applies fully to whichever government entity issued the liquor license.

      • They don't have to admit these lawyers.

        But they have a choice: Liquor license and admit everyone who isn't a disturbance, including people you don't wish to admit, or no liquor license and admit only those you want there.

        And now we can think about what "hoisted by their own petard" means.
        • by Entrope ( 68843 )

          So that's a no, you can't cite the specific language?

          There's quite a lot of case law about unconstitutional conditions for government licenses or permits, often in the specific context of the First Amendment: https://mtsu.edu/first-amendme... [mtsu.edu]

    • Yes, I'm sure MSG is quaking in their boots over this policy you literally just made up.
    • by fermion ( 181285 )
      Lawyers are not a protected class. I am sure bars reject customers for all sorts of reasons. And I would have to see cases where liquor licensees were lost for non admittance .

      A quick search shows bars losing licenses for dancing, people being too rowdy, and violence, this implies that N.Y. does expect t bars to be preemptive.

      The real question here is how much money is N.Y. going to lose if big venues can no longer sell liquor.

      This must suck for the family or whatever. But such is life. There are pl

    • Look, I doubt you made this up out of thin air, and while it is almost certainly absurdly incorrect (who knows, NY *is* pretty strange), I'm genuinely interested in where you are getting it from. I *love* confusing statutory and regulatory language, and if it came from there, it's well worth sharing. The lobbyists who write this crap manufacture some serious billable hours.
    • If they lose their alcohol license over that, that would be a fantastic outcome. Well deserved. Act like an asshole, and choose a lawyer of all people to victimise, and they will do what they can to hurt you.
  • the slipperiest of slopes.
  • by bruceki ( 5147215 ) on Tuesday December 20, 2022 @11:16PM (#63146692)
    First, that they have a facial recognition system that scans everyone entering their venue Second, that it has a database of faces that apparently includes not just the attorneys opposing them but everyone else in an arbitrary group that they defined Three, and most troubling, is that their database is privately held and subject to no restrictions or oversight, and when they have 10,000 people buy tickets for their venue they probably get scans of everyone who attends. You get tagged as a troublemaker and you have basically no way to know you were tagged or get it corrected if it's not true. Like the no-fly database the government maintains. You get on that list, you ain't coming off it. And they're free to send that to whomever they wish for any use they choose. Want a picture of someone who owes you money? A girl you'd like to date? your ex wife? I'm sure that someone will license this and make it available to you for $0.99 similar to the risk of license-plate recording traffic cams.
    • We missed the boat (Score:5, Interesting)

      by Baron_Yam ( 643147 ) on Tuesday December 20, 2022 @11:25PM (#63146716)

      We've known for a long time now that this was coming - that is, people with any IT awareness.

      We chose to ignore privacy worries because the systems being developed were affecting someone else, or not that often, or weren't implemented yet... and we wanted the service being offered now more than we cared about the future.

      We should already have laws on the books prohibiting the retention of personal identification data without the courts getting involved first. A preservation or production order for preservation of CCTV beyond a week or so, a successful legal case against someone who has committed an offense against you before you can keep a facial ID for future use.

      No creating umbrella organizations so you can say you don't share data externally and then turn around and share it with dozens of different entities. No changing privacy policies and applying them retroactively to data already collected.

      But now it's a mature technology being implemented by companies with deep pockets and an interest in keeping it. Those kinds of laws are unlikely to be drafted or passed any time soon.

    • First, that they have a facial recognition system that scans everyone entering their venue

      These are everywhere now. Getting on planes, returning to the country. It's annoying, but they're here.

      Actually it's pretty cool technology, the only problem is the potential for abuse.

    • Bakery. Gay wedding cake. Conservatives fought hard on that one. Lawyers aren't a protected class so this private establishment can refuse service to anyone they please, no matter what mechanism they use. Don't like it? Don't patronize their establishment.

    • Second, that it has a database of faces that apparently includes not just the attorneys opposing them but everyone else in an arbitrary group that they defined

      Other attorneys at the same law firm that is suing them is nowhere even close to being and arbitrary group. How, exactly, is MSG to tell who is actually working on the case and who isn't? Banning all lawyers from the firm is the first thing any company should do when being sued.

      Three, and most troubling, is that their database is privately held and subject to no restrictions or oversight, and when they have 10,000 people buy tickets for their venue they probably get scans of everyone who attends. You get tagged as a troublemaker and you have basically no way to know you were tagged or get it corrected if it's not true.

      So it is exactly like every bar and restaurant that has a list of people no longer allowed there, just larger because they handle more people. "Let lawyers who are suing you come in and be able to question your employees under false

  • social credit ... (Score:4, Insightful)

    by John Cavendish ( 6659408 ) on Tuesday December 20, 2022 @11:16PM (#63146694)

    ... is coming, just under a corp control, well, some say that all is anyway.

  • Asking for it (Score:5, Insightful)

    by Kernel Kurtz ( 182424 ) on Tuesday December 20, 2022 @11:20PM (#63146702)

    we cannot ignore the fact that litigation creates an inherently adverse environment.

    Picking a personal fight with a bunch of corporate lawyers seems like an effective way to attract more lawsuits rather than less.

    • You're talking about James Dolan here -- he's notoriously impulsive and thin-skinned. He just wants to be right. He doesn't actually care about being sued or the legal repercussions.
    • Nah, they've got their own army of lawyers so they can do it as a nice "fuck you".
    • The winner in this fight will be who has the deepest pockets. My money is on the venue.

      • MSG already lost once. They're going to lose every time. It's already over before it started if this goes to court.

        And anyway MSG is a public accommodation area. On that alone they'd get crushed in court.

  • Slippery slope and all that... I'm against facial recognition in general, because I fail to see any use case that doesn't involve surveillance.

    But...

    Kick Lawyer Out

    Silver lining.

    • You can make fun of lawyers all you want, until you've been falsely accused of a crime or were injured by a corporation run by negligent cheapskates...
      • Yeah, but then it's just your lawyer against their lawyerS.
      • I *HAVE* been falsely accused of a crime (Dealing ecstasy at a nightclub... back in 2001 when the hysteria about MDMA was at its peak.) before. All my lawyer did was inform me that any attempt to sue, or otherwise have punished in any way, the cops who did so and arrested me would be futile.

  • by Anonymous Coward

    This sort of stuff isn't new. Las Vegas and other casinos use this all the time and they can get someone intercepted and trespassed before they entered ten feet inside the establishment.

    Private is private property. What is the difference between this and having photos at the gate where a bouncer identifies people at the door and shows them out?

    • Places of public accommodation should be subject to rules -- if someone is not a risk, they should be required to admit them. James Dolan is a thin-skinned little man.
    • That may be so, but Las Vegas isn't in New York. It's either in Nevada or New Mexico [wikipedia.org], take your pick.
  • Once the costs of this tech come down it is only a matter of time before big chain stores use it to deny services to people, thanks to the supreme court's past and soon to be rulings, they violate their core beliefs. Sorry, Walmart does not allow homosexuals in . Our data base says you have indicated that you are gay and in a same sex relationship on Facebook. We must ask you to leave.

If all the world's economists were laid end to end, we wouldn't reach a conclusion. -- William Baumol

Working...