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Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
Generative AI has Its Risks, but the Sky isn't Falling - “The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.” Why this is important: Generative...more
In a country that is still struggling with an opioid epidemic, and where there are enough rules and laws regulating the dispensing of medication to fill a tome, it makes sense that medical providers across the nation are...more
The American Civil Liberties Union (ACLU) filed suit against Clearview AI, Inc. (Clearview AI) in March 2020, alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by capturing and using billions of...more
Ten years ago, the average person did not know what facial recognition was. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and...more
On February 14, Northern District of Illinois Judge Sharon Johnson Coleman rejected Clearview AI’s arguments that Illinois’ Biometric Information Privacy Act (BIPA) violated the First Amendment....more
In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week. Enacted in 2008, the Illinois...more
ICO and OAIC Find ‘Serious Breaches’ of Privacy Law - On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy...more
Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more
If a picture of your face is used for a purpose that doesn’t identify you, is your privacy violated? If the publicly available picture was used just to show a face, distinguished from some faces, similar to others, and fed...more
If you are like me and recently purchased new technology to help you efficiently work remotely during the COVID-19 pandemic, you may be using a device that incorporates facial recognition technology into its cadre of...more
In the wake of an alarming exposé published by The New York Times in January, Clearview AI, Inc., a New York startup, faces a slew of lawsuits. Since the article’s publication, the Vermont Attorney General filed a complaint...more
In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more
We’ve all seen the funny faces appearing across the internet as friends and family use the FaceApp to see what they may look like in 30 to 50 years. The resulting images are wrinkled and gray, but the trade made—instead of...more