; and (2) use facial recognition to conduct searches of those photos. 102. Civil rights and civil liberties (a) In general An investigative or law enforcement officer may not— (1) use facial recognition to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech; (2) rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognition, except when there is trustworthy information, relevant to the locality and time frame, in the context of a particular area and for a particular period of time, that links a person with a particular characteristic described in this subsection to an identified criminal incident or scheme