Clearview AI Faces Lawsuit on Web Photo Scraping Practices

April 15, 2021

We knew that facial-recognition firm Clearview AI, which sells its software to law enforcement agencies throughout the US, scrapes the Web for our photos and any data connected to them. Several civil liberties groups are trying to put a stop to the practice. The Los Angeles Times reports, “Clearview AI Uses Your Online Photos to Instantly ID You. That’s a Problem, Lawsuit Says.” Writer Johana Bhuiyan tells us the firm has collected more than 3 billion photos from Facebook, Twitter, Google, Venmo, and other sites. We learn:

“It also has caught the attention of civil liberties advocates and activists, who allege in a lawsuit filed Tuesday that the company’s automatic scraping of their images and its extraction of their unique biometric information violate privacy and chill protected political speech and activity. The plaintiffs — four individual civil liberties activists and the groups Mijente and NorCal Resist — allege Clearview AI ‘engages in the widespread collection of California residents’ images and biometric information without notice or consent.’ This is especially consequential, the plaintiffs argue, for proponents of immigration or police reform, whose political speech may be critical of law enforcement and who may be members of communities that have been historically over-policed and targeted by surveillance tactics. Clearview AI enhances law enforcement agencies’ efforts to monitor these activists, as well as immigrants, people of color and those perceived as ‘dissidents,’ such as Black Lives Matter activists, and can potentially discourage their engagement in protected political speech as a result, the plaintiffs say.”

The suit, filed in Alameda County Superior Court, seeks an injunction forcing Clearview to not only cease collecting photos and other biometric information in California, but to also delete all biometric data and personal information from their databases. Meanwhile in Illinois, the American Civil Liberties Union is suing the company, charging it has violated that state’s biometric privacy law. Officials in the European Union and Canada have also expressed concerns. We are unsure how much traction these suits and objections will get, however. Clearview insists it is in full compliance with the law, and cites the First Amendment in defending its databases. Besides, as Bhuiyan notes, citizens are getting used to a low expectation of privacy.

Amazon’s policeware efforts have avoided this type of publicity. Why?

Cynthia Murrell, April 15, 2021

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