EFF criticizes MSG's exclusions and warns they could spread to protesters
Electronic Frontier FoundationElectronic Frontier Foundation, in regulatory comments
EFF criticizes excluding employees of a law firm that sued MSG's parent company and warns that similar lists could target protesters.
“Madison Square Gardens was recently caught using this technology to exclude employees of a law firm that sued the venue’s parent company. ... A business could easily extend this kind of “enemies list” to people who, online or on the sidewalk outside, protest a venue’s discriminatory policies.”
Original text

Where this statement fits
James Dolan defends MSG's facial-recognition lawyer exclusions; New York officials object
In January 2023, James Dolan defended MSG Entertainment's use of facial recognition to bar lawyers at firms suing the company, saying a property owner may choose whom it serves. Letitia James and Brad Hoylman-Sigal objected that the policy punished people for pursuing legal claims. A New York appeals court later held that state law requires MSG to admit ticket holders to concerts and theatrical shows but not sporting events, with damages as the only remedy. MSG described the exclusions as a safety measure in 2025, and WIRED reported in May 2026 that MSG had revoked the tickets of a lawyer suing it.
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Original text
About this source
EFF's comments to NTIA identify MSG's lawyer exclusions as an example of discriminatory biometric surveillance and argue for privacy safeguards.
Archived copy (opens in a new tab)Before the quotation
EFF's comments address the privacy and civil-rights effects of commercial data use.
After the quotation
The comments use MSG's exclusions as an example of how businesses could use facial recognition against people who oppose them.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Reference point: MSG's policy of excluding lawyers at firms suing it. EFF cites MSG's exclusion of a law firm's employees as an example of discriminatory face recognition and warns that a business could extend such a list to protesters. Mixed or conditional loses because the comments offer no defense or qualification of that use.
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More from this case
Read the full caseWilliams rejects employer-based venue exclusions
“Individuals should not be removed from a place of business, because their employer is involved in legal action against said business.”Read statement
NYCLU calls MSG's ticket-holder exclusions an example of surveillance dangers
New York Civil Liberties Union
“The widely reported deployment of facial recognition at Madison Square Garden to ban people from the stadium that had already purchased tickets ... illustrates the dangers from the growing surveillance industry and the urgent need for comprehensive privacy protections.”Read statement
State Bar Association calls MSG's lawyer exclusions discriminatory
New York State Bar Association
“The use of facial recognition software to exclude members of law firms from a Knicks basketball game or a Taylor Swift concert discriminates against lawyers for doing their jobs”Read statement
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The Dispute Index. "EFF criticizes MSG's exclusions and warns they could spread to protesters". First published: 2026-10-18. Last updated: 2026-10-18. https://disputeindex.com/events/5945-eff-criticizes-excluding-employees-of-a-law-firm