Wednesday, May 18, 2022

Clearview AI banned from selling its facial recognition app to most U.S. companies

This expansive ban might very well turn out to be Pyrrhic victory! This could be a serious setback to the application of this technology in the U.S. This settlement very likely has a chilling effect on this technology.

Facial recognition has also many benefits. Many citizens may not mind it being used properly to their benefit.

Photos of faces posted on the Internet or social media are kind of fair game or not unless an individual protests that his or her facial photo appears in a certain context etc.? Anyone or any company can cull those published photos. Don't post facial photos if you mind! What was once a private photo album shown only to fairly few people is now in the public domain. Get used to the new world we are living in.

Probably, some of the practices of Clearview were as a minimum controversial, but to ban the app?

A much more serious issue is, I believe, e.g. the potential for misidentification and its possibly negative consequences.

"A company that gained notoriety for selling access to billions of facial photos, many culled from social media without the knowledge of the individuals depicted, faces major new restrictions to its controversial business model.

On Monday, Clearview AI agreed to settle a 2020 lawsuit from the ACLU that accused the company of running afoul of an Illinois law banning the use of individuals’ biometric data without consent.

That law, the Biometric Information Privacy Act (BIPA), protects the privacy of Illinois residents, but the Clearview settlement is a clear blueprint for how the law can be leveraged to bolster consumer protections on the national stage.

“By requiring Clearview to comply with Illinois’ pathbreaking biometric privacy law not just in the state, but across the country, this settlement demonstrates that strong privacy laws can provide real protections against abuse,” Deputy Director of ACLU’s Speech, Privacy, and Technology Project Nathan Freed Wessler said. ...
Clearview isn’t the only company to get tangled up in the trailblazing Illinois privacy law. Last year, Facebook was ordered to pay $650 million for violating BIPA by automatically tagging people in photos with the use of facial recognition tech.

According to the terms of the Clearview settlement, which is still in the process of being finalized by the court, the company will be nationally banned from selling or giving away access to its facial recognition database to private companies and individuals. ..."

"... A “Private Entity Ban,” in which Clearview has agreed to a nationwide injunction barring access to the Clearview App by: (i) any private entity or private individuals unless such access is compliant with BIPA; or (ii) any governmental employee not acting in his or her official capacity.
An “Illinois State Ban,” in which Clearview has agreed to a five-year injunction against access to the Clearview App: (i) by Illinois state and local agencies and their contractors; (ii) by any private entity located in Illinois even if permissible under BIPA; and (iii) by employees of Illinois state and local agencies and their contractors, whether in their individual or official capacities. ..."


Clearview AI banned from selling its facial recognition software to most US companies | TechCrunch

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