Not intending to tow the libertarian line here, but I find it concerning when regulation is proposed for a technology in a vacuum. We should see how facial recognition develops and how the powers that be utilize it first. Only then can we see if it is being used in a way which offends societal values, and only then should we create laws and regulations to curb such behavior which are specific in nature and not overly broad. Right now this is somewhat speculative.
I think much of the fear around facial recognition is that it could be (or is being) used for mass surveillance. The Supreme Court has already deemed mass surveillance unconstitutional under the 4th amendment [1]. Perhaps the solution to curb the misuse of facial recognition is to ban mass surveillance itself, and not ban the tool.
[1] https://www.washingtonpost.com/opinions/the-supreme-court-ju...