Legal Brief: Barred for Life

This article originally appeared in the February 2023 issue of Security Business magazine. When sharing, don’t forget to mention Security Business magazine on LinkedIn and @SecBusinessMag on Twitter.

Imagine you are a kid planning your tenth birthday party. You want to invite Tommy, Bobby, Susie and Jenny, but you are not so sure about Frank and Betty, who were mean to you in gym class. So, Frank and Betty are excluded and cannot go to your jumpy castle party.

Now, imagine you are 60 and a billionaire. Instead of planning jumpy castle birthday parties, you own the New York Knicks, New York Rangers, Madison Square Garden, Radio City Music Hall and a variety of other venues and restaurants. You have forgiven Frank and Betty, but you have made a few new enemies (and perceived enemies). Just like you barred Frank and Betty when you were 10, you now have barred dozens, if not hundreds, of people (most of whom you do not even know) from attending events at your venues, including Madison Square Garden and Radio City Music Hall.

To be sure these barred people do not slip past security, you deploy an advanced facial recognition system that compares known images of these people against a scan of their face.

In truth, this is not you. It is billionaire James Dolan.

Selective Bans

Madison Square Garden Entertainment (MSG), owned by Mr. Dolan, has been using facial recognition technology for years to manage security risks, such as fans with a history of unruly behavior or others who may be disruptive. Anyone who enters the venue is subject to scanning.

Now, the company is taking its use of this technology to whole new level, by recently enacting a policy forbidding anyone in active litigation against the company and its affiliates from

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