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Face Recognition Tech Pushes Legal Boundaries

An anonymous reader writes: As face recognition software becomes more capable, companies and governments are coming up with new ways to use it. Microsoft has already patented a Minority Report-style personalized billboard, and loss prevention departments in big stores are rolling out systems to "pre-identify" shoplifters. But this rush to implement the technology runs afoul of privacy laws in at least two U.S. states: Illinois and Texas forbid the use of face recognition software without "informed consent" from the target. Facebook is the target of a recent lawsuit in Illinois over this exact issue; it's likely to test the strength of such a law. "Facebook and Google use facial recognition to detect when a user appears in a photograph and to suggest that he or she be tagged. Facebook calls this "Tag Suggestions" ... With the boom in personalized advertising technology, a facial recognition database of its users is likely very, very valuable to Facebook. ... Eager to extract that value, Facebook signed users up by default when it introduced Tag Suggestions in 2011. This meant that Facebook calculated faceprints for every user who didn't take the steps to opt out." If Facebook loses and citizens start pushing for similar laws in other states, it could keep our activities in public relatively anonymous for a bit longer.

33 of 110 comments (clear)

  1. No. by Thud457 · · Score: 3, Funny

    In meatspace nobody recognizes Rorschach.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  2. The solution seems so simple by DickBreath · · Score: 4, Funny

    The stores which own the legislatures of both Illinois and Texas should simply order them to change the laws.

    You can buy all of the government some of the time, and some of the government all of the time, but . . . it takes a lot of money to buy all of the government, all of the time. So that option is only available to very large companies.

    --

    I'll see your senator, and I'll raise you two judges.
    1. Re:The solution seems so simple by GargamelSpaceman · · Score: 2

      Solution: IR filter in front of lens.

      --
      ...
    2. Re:The solution seems so simple by ultranova · · Score: 4, Interesting

      The stores which own the legislatures of both Illinois and Texas should simply order them to change the laws.

      Why bother? If you don't like local Wal-Mart's policy which considers entering the store to be a sign of consent, what are you going to do - drive to the next town and be faced with the same bullshit?

      Consent can only exist between beings of at least roughly equal power. That is the justification for statutory rape laws, for example. Corporate America demanding you to "consent" to your shafting simply adds another layer of perversion and humiliation to an already awful situation. Which, of course, is the point: traumatized, broken people are easy to control, especially once they internalize the abuse heaped on them.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    3. Re:The solution seems so simple by Shakrai · · Score: 3, Funny

      If you're at Wal-Mart the trick is to keep a morbidly obese person between you and the cameras at all times. This is not as difficult as it sounds. ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:The solution seems so simple by MooseTick · · Score: 2

      Unless you put a post-it over the camera (assuming you have one)

    5. Re:The solution seems so simple by CanHasDIY · · Score: 2

      I would personally love to be the guy that takes that call:

      "sir, you realize if we put an IR filter in, your night vision cameras won't have night vision anymore, right?"

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  3. Sad. by Weaselmancer · · Score: 5, Insightful

    ...it could keep our activities in public relatively anonymous for a bit longer.

    A bit longer, the best you can hope for. Acknowledging the fact that we will eventually lose this one.

    --
    Weaselmancer
    rediculous.
  4. Problem is other people by gurps_npc · · Score: 3, Insightful
    As in, when your friends tag you, even without Facebook "suggesting" it.

    We need some digital privacy laws for the internet. Perhaps - the right not to be named in a public photo/video on the internet - or even have your face shown without express, written permission.

    This rule would only apply to the internet, not TV or print.

    In addition, real financial penalties of $1,000 could apply.

    This would among other things, stop things like people posting embarrassing youtube videos of other people.

    --
    excitingthingstodo.blogspot.com
    1. Re:Problem is other people by Anonymous Coward · · Score: 2

      What about NOT being on facebook/instagram/twitter/google+/linkedin ?

      I don't have any social media accounts, and I feel great.

    2. Re:Problem is other people by mysidia · · Score: 3, Insightful

      This would among other things, stop things like people posting embarrassing youtube videos of other people.

      It sounds to me like you are essentially saying you don't like free speech. Posting a video for the purpose of embarrassing someone would be a shitty reason, But any video or pic also might have an important message or information to communicate the poster feels is important, and it will always be embarrassing to the person whose bad or ridiculous behavior is being exposed.

      For example: Hidden camera showing mechanic sabotaging customer's vehicle, showing hypocrisy by a political figure, or showing abusive/cruel behavior by someone against other people, who will be embarrassed when exposed.

      Video footage showing that person who claims X against the entity releasing the video is doing Y that is even worse.

    3. Re:Problem is other people by JustAnotherOldGuy · · Score: 2

      Same here...no social media at all. No Facebook, no Linkedin, no Pinterest, Twitter, etc etc etc. I don't use any of it now and I don't intend to in the future. I am SO glad I never started a Facebook account.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    4. Re:Problem is other people by JustAnotherOldGuy · · Score: 2
      > As in, when your friends tag you, even without Facebook "suggesting" it.

      If they do this, they're not my friends.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    5. Re:Problem is other people by gsslay · · Score: 4, Informative

      Upload to Facebook a whole heap of random pictures of people (actors, the famous etc) or all kinds and tag the lot as yourself. Make yourself appear to be a mashup of every possible gender/race/age and physical appearance. So any photos of yourself that do get tagged are drowned in a pool of misinformation.

    6. Re:Problem is other people by Anonymous Coward · · Score: 2, Insightful

      I learned at some point, Facebook knows my face even without me ever using it. Apparently friends uploaded group pictures and tagged me in it. It seems odd to expect me to opt out of a feature of a tool that I never used. Facebook, send me $100 every time you show my face. Your lack response to this post indicates consent. If Facebook claims to not read Slashdot, that is no excuse.

    7. Re:Problem is other people by Anonymous Coward · · Score: 2, Informative

      I don't have any social media accounts

      oh you do, you just haven't filled in the form yourself,
      see, you might not visit social media but your friends do, and they will tag you at will, happily upload your phone number from their contact list when they install that "app", you better believe that Facebook have everything except your IP address.

      i had a CEO ask me why his name was coming up in google searches as listed at Facebook when he hadn't signed up, it was because people had taken photos of him at social events and then other friends had tagged him, Facebook created a "ghost" profile of him, the only way he could prevent it was to sign-up and then lock it down,

      what do you think 5,000 150 grand programmers with PHDs at FB HQ do ? its not fixing bugs, they are trying to identify you, every single day they get closer.

  5. I, Robot, C U by Impy+the+Impiuos+Imp · · Score: 4, Insightful

    Everyone's gonna have it in their vr goggles used to augment and overlay reality in 10 years anyway. You're all living in a fantasy world. Government will limit it to itself, or try to, and they're the ones with serious abuse potential as their panopticon keeps a live track database of all citizens out in public.

    Again, I am less concerned if Facebook wants to know if I'm more interested in Pampers or Depends than of government tracking...which history shows will be abused by those in power to maintain their power.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:I, Robot, C U by blue9steel · · Score: 3, Insightful

      I am less concerned if Facebook wants to know if I'm more interested in Pampers or Depends than of government tracking...

      Which just goes to show that you've totally underestimated the ability of private organizations to abuse power. There are many forms of power, not all of them come from the barrel of a gun.

  6. demo code by antiperimetaparalogo · · Score: 4, Funny

    rolling out systems to "pre-identify" shoplifters

    // if (CustomerColor != WHITE) {ShopliftingAlert == TRUE} // XXX: uncomment *ONLY* for demo!

    --
    Antisthenes: "Wisdom begins by examining the words/names." - excuse my English, i am (slightly...) better with my Greek!
  7. Scary indeed by FreeUser · · Score: 2

    ust wait until Daesh (aka ISIS/ISIL/IS) decide to use this to target people in the west who criticize their particularly noxious brand of Islam, and as in target, I mean track you in real time and behead you on the street, at their leisure.

    Not sure why your post was marked flamebait. It's a chilling possibility, that illustrates in very stark terms why we cannot afford to simply give up and allow our privacy to be stripped away, and why we need to roll back the invasions into our personal and digital space marketing firms and government agencies have already made. Our very lives may depend on it. Facial recognition is terrifying in this context.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Scary indeed by Jason+Levine · · Score: 3, Informative

      Scary "TERRORISM!" scenario aside, you don't have an expectation of privacy when you walk down the street. You can't tell someone that he can't take a photo of you walking down the street (or run that photo through a facial recognition algorithm) because it violates your privacy. Now, if you have facial recognition being forced on you in your own house, that might be an issue.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Scary indeed by DarkOx · · Score: 2

      For reasons of free expression to basic practicality we can't stop this stuff. As you say people can take your picture and people can produce what amounts to a hash of your facial features.

      None of this stuff is a problem. It only becomes a problem when its stored and datamined. What we really need to do is actually regulate big data.

      Start regulating what information about people may be stored in machine searchable formats and you can start to solve this problem. Regulate under what circumstances PII may be transferred between parties in machine readable formats and when lookup functions may be exposed to third parties.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  8. The tech _exists_, and that's that. by Sloppy · · Score: 2

    If Facebook loses and citizens start pushing for similar laws in other states, it could keep our activities in public relatively anonymous for a bit longer.

    No. Laws do not have the ability to put genies back into bottles.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:The tech _exists_, and that's that. by JaredOfEuropa · · Score: 3, Insightful

      Even so, laws can mitigate some of the effects. Being tagged in photos and having a search engine easily bring up embarrassing pictures of you at a drunken dorm blowout is the future, and laws can do little about that. A shopkeeper being informed by his CCTV cam that you walk by his store every day, so he can throw some specific ads your way, can probably not be prevented either. But at least we can stop such sensitive data to be shared and processed en masse by both corporations and governments alike, by outlawing the practise. And of course that won't stop it completely, but at least we'll have something of a stick to hit transgressors with.

      Well, a man can dream... But the fact that such undesirable practises are easy to do and hard to police doesn't mean that we shouldn't still have those laws in place.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:The tech _exists_, and that's that. by ranton · · Score: 2

      Technology and having it available does not imply that we have to use it.

      At least so far I don't see mushroom clouds popping up left and right. And don't tell me we couldn't do that!

      You are quite correct that not all technology will be used just because it exists. A better statement would be that all technologies which can be used to improve someone's utility will be used. Using nuclear weapons does not benefit a country when their opponents have them or if the political fallout would be too severe. And there are plenty of conventional weapons which are just as effective for most warfare requirements.

      None of this has anything to do with consumer and corporate face recognition software. Augmented reality devices and consumer data mining are simply too useful to hold back. The entire lobbying industry would be a disgrace if they couldn't stop these regulations from impeding this progress because they will certainly be well funded.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  9. Re:Already lost by GargamelSpaceman · · Score: 4, Interesting

    What state doesn't store a digitized copy of the faces of everyone with a driver's license? The minute they put photos on IDs this one was lost. I can't believe the FBI doesn't have access to every single drivers license photo on file...

    Whereas now they don't give grocery receipt coupons to unprofitable bargain hunters that come in just for the sales ( they know who you are! ) you'll start seeing these people recognized by face and shown loud obnoxious ads for herpes medication and depends to keep em out of the store.

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    ...
  10. Damn! by Teun · · Score: 4, Interesting

    My stupid sister and an equally stupid cousin uploaded their address book to Farcebook.
    Then I got threatening mail from said Facebook imploring me to join 'my friends' on their website, a cold day in hell indeed!
    So now after a few idiots have tagged me on their stupid 'Social' pages I'll be recognisable for every privacy invading company in the world.

    Al I can do is waiting for a EU court to cut this crap as the US side won't do anything for us 'The People'.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  11. Re:Already lost by Shakrai · · Score: 2

    New Hampshire gives you the option to have the photo deleted after they print the license. Or at least they used to.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  12. Targeted billboard ads by Opportunist · · Score: 4, Funny

    I cringe at the thought. This here illustrates pretty well what it would be like.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. Data protection act / EU law by MrL0G1C · · Score: 3, Interesting

    Are Facebook tagging people who don't have Facebook accounts if their face is in a photo?

    Seems like a breach of the data protection act - keeping details (face, place, time+date, more(?)) on a person who has not agreed to their T's & C's.

    --
    Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
  14. Re:Follow The Dollars by Opportunist · · Score: 3, Interesting

    And that's where marketing fails. People only have so much attention to spend. Drowning them in marketing reduces it to static noise.

    Think for a moment. Think of the movie you watched last night. Now tell me the name of a single product you saw the ads for. If you don't watch TV, take the billboards on your way to work.

    We get so flooded with ads that we don't recognize them anymore. The spam filter in our brain works. We notice them as a waste of space (billboards) and time (tv ads), but the networks could as well broadcast static and the billboards could as well be blank, they simply don't work anymore. We're saturated. It has reached the level where we simply don't register it anymore except as a nuisance. But we don't even tie that nuisance to a brand or product anymore, it's just "ads".

    And this is where advertising fails.

    And targeted ads won't change that. So you tell me about a product that I'd want, but you do it in the same way that all the other ads I already mentally filter do. I do not register that anymore. Your ad will be part of the noise. The ad industry bothered us enough that we filter their messages on principle. Brand recognition is by no stretch as deeply ingrained in people as marketeers want to think. And people don't obsess about a brand (ok, unless it's Apple or something else that managed to tack a lifestyle package to its primary use). More likely than not, they don't give a shit. Do you care if the detergent you use is Wisk, Ariel, Persil or Tide? Or do you simply take whatever is on sale when you simply have to buy a new box 'cause the old one is empty?

    I mean, for real, dear marketeers, do you think we have any semblance of an emotional attachment to the brand of shoe polish we use?

    The ad industry is allegedly a creative one. But it fails at exactly that. It fails at what's most important about advertising: Being noticed. Ads vanish into the background noise of getting a new coke or taking a dump. They are flipped over in the daily newspaper and ignored on billboards.

    You fail to get noticed, advertisers!

    And no, slapping them in our face with popups won't change that. At least not for long. What it will accomplish is to annoy us for the time being 'til we automated reaching up to the close button. Without even registering whatever blocked our view.

    Your job, advertisers, is to turn from a nuisance into information. You have to turn from something people HATE to something people WANT. Once you manage that, we can talk about you being successful again. And targeted ads can do that.

    If, and only if, you implement it sensibly. But it will be an uphill battle for you. You have to undo about a century of bad advertising that taught us how to ignore you.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. Re:Follow The Dollars by Anonymous Coward · · Score: 3, Insightful

    Now tell me the name of a single product you saw the ads for. If you don't watch TV, take the billboards on your way to work.

    We get so flooded with ads that we don't recognize them anymore.

    I can't name a single product. Now if you don't mind I need to run down to Burger King and get a Whopper made my way. Then I need to call Geico to see if 15 minutes will save me 15% or more. For some strange reason I also have an itch to look at a new car today.

  16. Re:Follow The Dollars by Kjella · · Score: 2

    I think you got it wrong, the point of advertisements is not to remember one particular ad impression. It's that after hundreds of ads you associate "Always Coca-Cola" the slogan with the bottle with the logo with the drink with the taste until just seeing it in the store or on a menu triggers you into buying it. Heck, a quick check indicates they got that stuck on my mind in 1993-1995 and I still fucking remember it.

    It's the thing you don't care much about or that's too big to get first hand knowledge that gets you, not those you actually research. There you pretty much know all the options and what actually fits you, it's when you're feeling a hunger and a burger is good enough the ads kick in. Because you know there's a burger shop two blocks away, all that branding triggers that. And you might have gotten a wrap or a sandwich or a hot dog or a pizza slice but you're not making a full evaluation you're just thinking "good enough, burger it is".

    Do you care if the detergent you use is Wisk, Ariel, Persil or Tide? Or do you simply take whatever is on sale when you simply have to buy a new box 'cause the old one is empty?

    We're mostly creatures of habit and just buy whatever we bought last time, advertising and sales go hand in hand to make you try new products. Make lots of people aware that it's a sale, lower the price so they'll try it out and some of those will just keep buying until a different campaign steals them to some other brand. Maybe a few are meticulous but if I got 20-30 things on my grocery list I'm mostly just picking what I'm supposed to buy.

    Same sometimes goes for where to shop, if I know one store that has something that's often enough because I don't need three. It's something rare I'm buying once in forever and it's just not worth the time and effort to find and compare multiple sources. Basically volume*frequency*savings = total difference must be enough to justify it.

    --
    Live today, because you never know what tomorrow brings