FB pixel

Clearview wants U.S. judge to rethink her decision not to dismiss BIPA counts

Clearview wants U.S. judge to rethink her decision not to dismiss BIPA counts
 

Clearview AI executives are exploring increasingly niche arguments in hopes of keeping their photo-scraping business model alive.

The facial recognition subscription service, marketed in the United States to law enforcement, is mired in U.S. court cases (and many other venues around the world).

For the most part, U.S. plaintiffs say Clearview mined their social media accounts for face photos and then hijacked the image’s biometric identifiers.

Executives this week are trying to get U.S. District Judge Sharon Johnson Coleman to dismiss multiple counts of alleged privacy piracy.

One argument goes like this: Clearview dumped all of its non-government subscribers about a year ago. That would make the firm a government contractor, which would limit its exposure to some legal actions.

At the time, it seemed that executives wanted to limit their market to appear more focused on altruistic operations aiding police seeking lost adults and trafficked children.

But significantly, viewed as a government contractor, Clearview is not covered by Illinois’ Biometric Information Privacy Act, according to reporting by MediaPost.

That law requires businesses acquiring biometric identifiers to get express consent from individuals and other provisions. Fines for violating BIPA are moderate but they can be levied on every single collection.

Executives also want to be freed from accusations that it has violated similar laws in three other states.

A Law Street Media article discusses several other objections that Clearview has raised in class actions that it faces.

One rebuttal, if accepted by Judge Coleman, would overturn a fundamental plank on which BIPA stands — that the non-consensual taking of someone’s biometric data is as real a harm as taking someone’s physical property.

Clearview has had a key patent published a year ago granted by the United States Patent and Trademark Organization last month.

Article Topics

 |   |   |   |   |   |   | 

Latest Biometrics News

 

Biometrics race for the borders

Biometrics to ease border crossings are a major theme of the week among Biometric Update’s most-read articles of the week….

 

US election likely to be a missed opportunity to advance digital ID policy

The 2024 U.S. election represents an opportunity for social dialogue around digital identity policy in the wake of a series…

 

India to pilot Digi Yatra for foreign nationals in 2025

India is planning an international pilot project for June 2025 that will see the introduction of facial recognition technology beyond…

 

Papua New Guinea advances digital ID, wallet and govt platform to pilot

Papua New Guinea has stood up a new digital ID, wallet and online government platform, and plans to pilot them…

 

UK police organized crime unit seeks new facial recognition software

The UK’s main law enforcement agency against organized crime is looking into new facial recognition solutions, as the country doubles…

 

The EUDI Wallet was not meant for age assurance: AVPA

The European Union should not look at the EU Digital Identity (EUDI) Wallet as an age-assurance solution to keep minors…

Comments

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Most Read This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events