Who has standing to sue? Clearview has clearly violated the terms of service of several major companies, but post Nosal II and HiQ, my understanding is that enforcing ToS against scrapers is near impossible.
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A really important story that demonstrates why @kashhill is the best privacy reporter working.
Raises some interesting question: is there any legal way to slow down Clearview and discourage more investment into ubiquitous face recognition?https://twitter.com/nytimes/status/1218561200243560448 …
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FB has a history of going after scrapers using the civil component of the CFAA, but the 9th Circuit has repeatedly cut down the options there. This is an area where I have diverged from my friends at
@EFF, who have fought to protect scraping.https://www.eff.org/deeplinks/2019/09/victory-ruling-hiq-v-linkedin-protects-scraping-public-data …Prikaži ovu nit -
Anything that is available to unauthenticated web browsers is scrapable. There are things you can do to slow down scrapers, but if they have smart people and a big budget, they will always win in the end. So the only technical option is to put all photos behind a login.
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I assume Clearview has violated the copyrights of millions of people? Those people licensed Facebook to show their photos but that license doesn't flow through to somebody who violated ToS, I'm sure. Has there ever been a class-action on mass photo copyright?
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That leaves state laws. They clearly have the data of Californians and Illinois(ians?), so CCPA and BIPA apply. Anything I'm missing?
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This seems like an important junction. If this hoovering up of facial data is considered a legally safe thing for VC-backed companies, then we are in big trouble. At a minimum, somebody needs to throw an elbow that discourages new competitors. cc
@Riana_Crypto and@daphnehkPrikaži ovu nit
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Can GDPR / California's privacy law act against such issues? (And GDPR as for European people in the US)
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This definitely seems like a GDPR Art 14 violation. CCPA is so new I'm not sure anybody knows, but we can ask
@wbm312
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different question: can we publish pictures that are adversarially designed to ruin accuracy?
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Definitely, but without more knowledge about their algorithms or access to their classifier outputs that seems hard.
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