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Facebook Judge Frowns on Bid To Toss Biometric Face Print Suit (bloomberg.com)

Facebook faced a skeptical judge over its second request to get out of a lawsuit alleging its photo scanning technology flouts users' privacy rights. From a report: "The right to say no is a valuable commodity," U.S. District Judge James Donato said Thursday during a hearing in San Francisco. The case concerns the "most personal aspects of your life: your face, your fingers, who you are to the world." The owner of the world's largest social network faces claims that it violated the privacy of millions of users by gathering and storing biometric data without their consent. Alphabet's Google is fighting similar claims in federal court in Chicago.

39 comments

  1. Aren't genitals more personal than your face, etc? by Anonymous Coward · · Score: 0

    The case concerns the "most personal aspects of your life: your face, your fingers, who you are to the world."

    While your face, your fingers, and who you are to the world are indeed all quite personal, I would think that one's genitals are even more personal.

    Most people don't cover their face, fingers and who they are on a nearly-constant basis. Yet that's exactly what nearly all people do with their genitalia. That makes me think that for most people, their genitals are far more personal than their face, their fingers, or who they are to the world.

  2. And this... by Penguinisto · · Score: 1

    ...is reason #31678956784789.8 why I'll never use their stupid Facebook apps. Force the issue, and I cease to go near the site at all.

    Bad enough my family pretty much requires that I have an account on that damnable website in the first place, but I tolerate it just enough at this point. The only reason I (and I suspect quite a few others) still tolerate it is because (for now) I still maintain a modicum of control over the experience (viz. ad-blockers and such via web browser).

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:And this... by FatdogHaiku · · Score: 1

      ...is reason #31678956784789.8 why I'll never use their stupid Facebook apps. Force the issue, and I cease to go near the site at all.

      Bad enough my family pretty much requires that I have an account on that damnable website in the first place, but I tolerate it just enough at this point. The only reason I (and I suspect quite a few others) still tolerate it is because (for now) I still maintain a modicum of control over the experience (viz. ad-blockers and such via web browser).

      Coming Soon!
      In order to provide the best service to our customers* you must use our app to access this content.
      *the advertisers

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    2. Re:And this... by KiloByte · · Score: 1

      I don't think a guy named Adolfo Hitlero from Antarctica, whose face looks remarkably like a cat's ass, and who connects over Tor, is going to reduce my privacy.

      (I don't even remember the login name of any of such accounts, though, and there was no reason for me to even look at Facebook for years.)

      This said, while the likes of us might be willing and able to expend all this effort to preserve our privacy, 99.99% of users don't know how to do so even if they wanted. And that's why such kinds of tracking must be made illegal by default.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:And this... by Anonymous Coward · · Score: 0

      I'm with you for the same reasons. I would prefer to not have an account, but peer pressure from family is about the only reason I have an account. I don't have the app installed and it's becoming very clear the app is where all the bad stuff is happening as they are pushing and pressuring to install it. Nearly every time I check FB via a mobile browser (the only way I check it), it's prompting me to "try" the app.

    4. Re:And this... by FatdogHaiku · · Score: 1

      You know, the "People you may know..." feature may have some interesting suggestions Adolfo...

      Adolfo, do you know "Doganus Testiclees" from Concordia Station?

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    5. Re:And this... by Anonymous Coward · · Score: 0

      nope. don't still tolerate it.

    6. Re:And this... by Anonymous Coward · · Score: 0

      Do the right thing. Just say no.

    7. Re:And this... by jenningsthecat · · Score: 1

      ... it's becoming very clear the app is where all the bad stuff is happening ...

      Plenty of bad stuff is happening on Facebook in your browser too, unless your browser is running on read-only media and you access the Web only via a VPN. As the AC below said, "just say no".

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  3. They're right by Anonymous Coward · · Score: 0

    You only ever volunteer information to Facebook, and you volunteer to accept their terms as well.

    1. Re:They're right by sjames · · Score: 5, Insightful

      Wrong. I have no Facebook account. I never clicked through their wall of text. But I may or may not have ever been tagged in a photo uploaded to Facebook. It's hard to say since I don't have a Facebook account.

    2. Re:They're right by Anonymous Coward · · Score: 0

      This. I never made an account on there, however friends wave their phones all around when we're out doing things and they upload those pictures before you can do anything. If not friends, then other people at the same event.

      Unless you have no social life and never leave your basement, people upload your likeness to FB. Even if they don't tag you, FB scrapes contact lists. They can make a high confidence guess that the one contact they don't have biometrics on but who's in the contact list of these N people, might be the new face in the photos uploaded by those same N people.

    3. Re:They're right by Anonymous Coward · · Score: 0

      Don't go out in public or invite others into your home.

      As for companies that use information given to them what do you expect. Outlaw data mining then.

    4. Re:They're right by sjames · · Score: 1

      That depends on which shade of expect you are using. I expect them to obey the law and behave in a civil manner. I believe actually that they'll behave as well as the mustache twirling villain in an old cartoon if allowed to.

    5. Re:They're right by Anonymous Coward · · Score: 0

      I once went to a large city for a conference. It was really easy to tell where and when it was likely that my photograph was taken. Got off the train, tourists were taking selfies and making movies of themselves getting off the train. Sit in a cafe and have lunch. Tourists are taking photographs of buildings and people having lunch in cafes. Some advert boards at bus stops actually do face recognition/processing. The creepiest thing is that I walked past one shop on the opposite side of the street and I keep getting bombarded by adverts from them even though I never went in. The only thing was that I simply looked at their shop.

    6. Re:They're right by Gr8Apes · · Score: 1

      Sunglasses, especially mirrored, and hats are your friends.

      --
      The cesspool just got a check and balance.
    7. Re:They're right by Agripa · · Score: 1

      Wear clothing printed with the EURion constellation. Or maybe QR codes with SQL exploits.

  4. Facebook Judge? by Anonymous Coward · · Score: 0

    Who edits the editors on this site?

    1. Re:Facebook Judge? by Anonymous Coward · · Score: 0

      Using the term "editors" to describe them is a disgrace, just like all those app/web developers who are "engineers".

    2. Re:Facebook Judge? by Anonymous Coward · · Score: 0

      scary thought--in the future the major globalcorps are the government. Facebook judges indeed!

  5. Re:Aren't genitals more personal than your face, e by Anonymous Coward · · Score: 1

    Guess Facebook should start requiring you upload pictures of your genitals as well as your face...oh wait

  6. Re:Aren't genitals more personal than your face, e by gnick · · Score: 1

    While your face, your fingers, and who you are to the world are indeed all quite personal, I would think that one's genitals are even more personal.

    If somebody posts a picture of my genitals online, it's far less likely to be associated with me personally than if somebody posts a picture of my face.

    I'm not trying to say that my face is the "most personal aspect of my life," but it's more personal than a picture of my junk. If FB scanned, identified, and labeled my genitals as "gnick's junk," that would be different.

    --
    He's getting rather old, but he's a good mouse.
  7. What is FB? by Anonymous Coward · · Score: 0

    FB is a scourge of our time, along with all the other "social media" apps/sites. A downward spiral of privacy loss and big-brother-esque omniscience.

    1. Re:What is FB? by Rosco+P.+Coltrane · · Score: 2

      FB and social media are only a scourge because hundreds of millions of users allow them to be. Just like certain presidents in the White House - past and present - they're not a problem, they're a symptom: they're a reflection of what society wants, and society is dumb as a brick.

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  8. Re:Aren't genitals more personal than your face, e by Anonymous Coward · · Score: 0

    Speak for yourself, my junk's well known to females worldwide.

  9. Re:FUCK ZUCKERBERG by Anonymous Coward · · Score: 1, Funny

    Fuckerberg?

  10. Re:Aren't genitals more personal than your face, e by Anonymous Coward · · Score: 1

    Goats?

  11. Just one question... by sconeu · · Score: 3, Funny

    Did they face scan the judge's frown for biometric purposes?

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  12. Amen, me either. by Anonymous Coward · · Score: 0

    Amen, me either.
    But every asshole family member and friend and even acquaintance has gleefully been trying to photograph and tag me for the past 15+ years, so I am pretty sure a few have slipped through.

    America hasn't been a land of freedom in a long time, but the real sickness is that it isn't even a land of respect for privacy anymore, which at least when I was growing up was one of the strongest values instilled into me by the older generation of friends and family. Judging by some of the darker things brought to light in the past decade that is not necessarily a bad thing, but given how asymmetrically empowered privacy has become (ie corporations and public figures often have it plus access to other's personal information, but private individuals lose a little bit more with each passing day.)

  13. No account, no tag? by Anonymous Coward · · Score: 0

    Wrong. I have no Facebook account. I never clicked through their wall of text. But I may or may not have ever been tagged in a photo uploaded to Facebook. It's hard to say since I don't have a Facebook account.

    Well if you had an account you could be notified when tagged and be able to remove your tag from the photos of others. :-)

    On a more serious note, don't tags need a facebook account to reference? So no account, no tag?

    1. Re:No account, no tag? by sjames · · Score: 1

      I know at least a child can be tagged in a "scrapbook" without them having an account. Who knows about others.

    2. Re:No account, no tag? by Anonymous Coward · · Score: 0

      On a more serious note, don't tags need a facebook account to reference? So no account, no tag?

      No.

      You can tag an individual (or arbitrary section of an image) with any label you choose. Facebook will attempt to match what you type to someone's account before you confirm, but you can overrule that and put a non-linked label.

      Facebook also has shadow accounts of everyone who is implied to exist from data they gather. Many of those shadow accounts are linked to intentional accounts, but all of them are used in the data mine.

  14. Right by hackwrench · · Score: 0

    Live on an island somewhere if you want to say no.

  15. Melanoma by Anonymous Coward · · Score: 0

    Facebook is more akin to a gigantic tumor on society than some platform that has anything to do with being social.

  16. Re:FUCK ZUCKERBERG by Anonymous Coward · · Score: 0

    Isn't facbook doing the same thing iphone X is doing, recording faces? Where's the outrage against apple?

  17. Re: FUCK ZUCKERBERG by Anonymous Coward · · Score: 0

    You buy status with Apple, but you post status to Facefarm. A shit ton more users too.

  18. Burn the witch! by Anonymous Coward · · Score: 0

    No seriously. I would light the bitch with a smile on my face, the last thing he'd see. Glorious irony.