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Facebook, Shutterfly Face Lawsuits For Using Facial Recognition To ID Photos (computerworld.com)
Lucas123 writes: A federal judge has denied a motion by Shutterfly to dismiss a civil case against it claiming it violated privacy laws by collecting and scanning face geometries from uploaded images without consent. The plaintiff in the case, Brian Norberg, alleges he was never a member of Shutterfly and that other people uploaded photos that included his image. Facebook faces a similar lawsuit for its photo "tag suggestions" feature, but there has as yet been no judgement in the case. In his Shutterfly case ruling, U.S. District Court Judge Charles R. Norgle rejected the website's argument that only in-person scans of people's faces are covered under the Illinois Biometric Privacy Act, which states that no private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information with out their consent.
It lets you search your own photos by person using facial recognition to group photos of the same person together, but it's pretty clear up-front that's what it's doing. Of course, that's up-front to the person *taking* the pictures, not to the person *in* the pictures, so it might run into the same issue with the Illinois law.
Face recognition these days uses a lot of deep learning. Deep learning does not use "biometric identifiers" or "face geometry", it operates on the images directly. Furthermore, other than the photos themselves, no biometric information is "collected, captured, purchased, received through trade, or otherwise obtained". So, either the Illinois law considers all photos containing faces "biometric identifiers" and outlaws their distribution without the consent of the person (questionable in light of the First Amendment), or there is a real problem with the law and its interpretation.