Over Thanksgiving weekend, Kelly Conlon, 44, a personal injury lawyer from Bergen County, N.J., was chaperoning her 9-year-old daughter’s Girl Scout troop on a trip into Manhattan to see the “Christmas Spectacular” at Radio City Music Hall.Before she could even glimpse the Rockettes, however, security guards pulled Ms. Conlon aside and her New York jaunt took an Orwellian turn.“They told me that they knew I was Kelly Conlon and that I was an attorney,” she said this week. “They knew the name of my law firm.”The guards had identified her using a facial recognition system. They showed her a sheet saying she was on an “attorney exclusion list” created this year by MSG Entertainment, which is controlled by the Dolan family. The company owns Radio City and some of New York’s other famous performance spaces, including the Beacon Theater and Madison Square Garden, where basketball’s Knicks and hockey’s Rangers play.Its chief executive, James L. Dolan, is a billionaire who has run his empire with an autocratic flair, and his company instituted the ban this summer not only on lawyers representing people suing it, but on all attorneys at their firms. The company says “litigation creates an inherently adversarial environment” and so it is enforcing the list with the help of computer software that can identify hundreds of lawyers via profile photos on their firms’ own websites, using an algorithm to instantaneously pore over images and suggest matches.Facial recognition technology is legal in New York, but lawyers have sued MSG Entertainment, saying the exclusion list is forbidden. The use of facial recognition technology to enforce it has raised an outcry not just from people turned away from Knicks games, but from civil liberties watchdogs, who called it a startling new frontier that demonstrated why the federal government should regulate the technology. The local grudge match has become part of a national debate over the specter of a privatized surveillance state.“It’s a dystopian, shocking act of repression,” said Sam Davis, a partner at Ms. Conlon’s firm who was turned away from a Rangers game this month at the Garden.The technology, which has grown more powerful and accurate in recent years, has been used sparingly by corporations because of privacy concerns. Retailers have deployed it to identify shoplifters; airports use it to check in travelers and usher them through security; and casinos rely on it to keep out gamblers they think may cheat. But using it to bar a company’s critics is unprecedented, said Adam Schwartz, a senior staff attorney at the Electronic Frontier Foundation. He called it a “major jump forward that needs to be treated as radical.”“This is punitive as opposed to protective. It sets a precedent for other businesses to identify their critics and punish them,” Mr. Schwartz said. “It raises the question of what’s going to come next. Will companies use facial recognition to keep out all the people who have picketed the business or cri
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