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Facebook Must Face Class-Action Lawsuit Over Facial Recognition, Says Judge (kfgo.com)

U.S. District Judge James Donato ruled on Monday that Facebook must face a class-action lawsuit alleging that the social network unlawfully used a facial recognition process on photos without user permission. Donato ruled that a class-action was the most efficient way to resolve the dispute over facial templates. KFGO reports: Facebook said it was reviewing the ruling. "We continue to believe the case has no merit and will defend ourselves vigorously," the company said in a statement. Lawyers for the plaintiffs could not immediately be reached for comment. Facebook users sued in 2015, alleging violations of an Illinois state law about the privacy of biometric information. The class will consist of Facebook users in Illinois for whom Facebook created and stored facial recognition algorithms after June 7, 2011, Donato ruled. That is the date when Facebook launched "Tag Suggestions," a feature that suggests people to tag after a Facebook user uploads a photo. In the U.S. court system, certification of a class is typically a major hurdle that plaintiffs in proposed class actions need to overcome before reaching a possible settlement or trial.

43 of 79 comments (clear)

  1. Good by Aero77 · · Score: 4, Funny

    I look forward to my free years' worth of Facebook Premium (tm) as compensation. (/s)

    1. Re:Good by Anonymous Coward · · Score: 1

      You're in luck!!! Facebook Premium includes access to the facial recognition features!!

    2. Re:Good by rtb61 · · Score: 1

      I look forward to thousands of dollars, as a non Facebook member if they used facial recognition on me in other peoples photos and recorded it in a database about me. I think somewhere between fifty thousand and one hundred thousand dollars should be appropriate in punitive damages (punitive being punishment, not actual damages, not a member, no financial transactions, no data record allowed). The class action to spread from one country to another like a bush fire, and Facebook all burned down. Some countries allow perception of psychological harm in civil suits and invading someone's privacy, seeking to manipulate them, is quite psychologically damaging.

      --
      Chaos - everything, everywhere, everywhen
    3. Re:Good by Anonymous Coward · · Score: 1

      It is perfectly legal for me to look at a photo and recognize the people in the photo from my memory.

      Why should it be illegal for the same thing to be done "on a computer"?

      Are you intentionally being a dense idiot or are you really that stupid?

    4. Re:Good by ShanghaiBill · · Score: 1, Interesting

      I look forward to thousands of dollars, as a non Facebook member if they used facial recognition on me in other peoples photos and recorded it in a database about me.

      If you didn't take the photos, then you have no copyright over them, and no say in what is done with them.

      What law do you think Facebook is violating?

      The plaintiffs are trying to use an Illinois state law on biometrics, but that is a real stretch, and even if they win, the ruling may only apply if the processing or storage is done in Illinois, which is unlikely.

    5. Re:Good by Khyber · · Score: 1

      "If you didn't take the photos, then you have no copyright over them, and no say in what is done with them."

      Did they sign a model release?

      Do you even basic photography law?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Good by q_e_t · · Score: 1

      Facebook didn't collect the information.

      If there is metadata that wasn't in the original, how did the photographer do it?

    7. Re:Good by q_e_t · · Score: 1

      As I understand it the objection is not that the images were uploaded (you'd have no defence in the USA or EU over that, if you were out in public, and if it was a private photo, possibly only against the uploader), but the creation of new metadata.

    8. Re:Good by ShanghaiBill · · Score: 1

      Did they sign a model release?

      A model release is needed for commercial use of your likeness, not running an algorithm on the pixel data.

    9. Re:Good by ShanghaiBill · · Score: 2

      ... but the creation of new metadata.

      So there are criminal algorithms? I realize that we are all supposed to hate Facebook, so everyone is cheering for the plaintiffs, but is it really a good idea for particular matrix operations on an array of pixels to be illegal?

      If the photo is online, then the "identifiable information" is already public.

    10. Re:Good by jargonburn · · Score: 1

      I look forward to my free years' worth of Facebook Premium (tm) as compensation. (/s)

      That's a strange way to write "free 60 day subscription followed by an opt-out monthly subscription".

    11. Re:Good by ShanghaiBill · · Score: 1

      Fakebook IS making commercial use of the data.

      The lawsuit is not questioning Facebook's right to display the images, and running an algorithm on pixels is not a form of commercial use that requires a model release.

    12. Re:Good by Rockoon · · Score: 2

      The lawsuit is not questioning Facebook's right to display the images

      Exactly. The lawsuit is questioning facebooks commercial use of the "biometric" (*) information gathered from the images.

      (*) Facial geometry sold for use in commercial facial recognition applications.

      --
      "His name was James Damore."
    13. Re:Good by Opportunist · · Score: 1

      My right to my picture. Yes, such a thing exists in European law: Your face is yours, and only yours, and anyone wanting to take a picture of it needs your permission to do so. There are some exceptions like for celebrities, or when the picture taken is about, say, a building and you just happen to be in the picture and not in focus, but in general, if you want to do ANYTHING with a picture that has me on it, you need my ok.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    14. Re:Good by Opportunist · · Score: 1

      If you're running the algorithm on data you have no right to run it on, yes.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Good by Opportunist · · Score: 1

      And if music is for sale, it's already public too. You think the RIAA thinks it's ok if I start using it in the way I want to?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:Good by AmiMoJo · · Score: 3, Insightful

      The EU has harmonized rules for personal data protection, which include a prohibition on the collection of biometric data without explicit permission from the subject. That includes facial recognition data.

      So yes, in this case running that algorithm without the subject's permission is illegal.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    17. Re:Good by ShanghaiBill · · Score: 1

      If you're running the algorithm on data you have no right to run it on, yes.

      Who has the right to grant those rights? According to the plaintiffs, it is not the person who took the photograph and thus owns the copyright, but the person displayed in the image.

    18. Re:Good by ShanghaiBill · · Score: 1

      Exactly. The lawsuit is questioning facebooks commercial use of the "biometric" (*) information gathered from the images.

      Nope. The plaintiffs' case is based on an Illinois law that says nothing about "commercial use".

    19. Re:Good by ShanghaiBill · · Score: 1

      Yes, such a thing exists in European law: Your face is yours, and only yours, and anyone wanting to take a picture of it needs your permission to do so.

      Bullcrap. There is no such "European law". There are laws in specific EU countries, but they vary. In general, you can photograph people in public without their explicit consent.

      if you want to do ANYTHING with a picture that has me on it, you need my ok.

      More bullcrap. If I take your photo legally, there is no European law prohibiting modification, with a few narrow exceptions such as pornography.

    20. Re:Good by Ol+Olsoc · · Score: 2

      Fakebook IS making commercial use of the data.

      The lawsuit is not questioning Facebook's right to display the images, and running an algorithm on pixels is not a form of commercial use that requires a model release.

      We're getting to broad brushing some stuff about model releases here.In a public place, a person has no particular privacy. As well if the image was newsworthy.

      Even then, the law is not absolute. If say an attractive woman model is shown sitting at a bar with a bottle of liquor, and used in an advertisement for that liquor, a standard model release is sufficient. If someone uses that same photo in an article about a troubling rise in alcoholic women, or about prostitutes working in bars, the photographer darn well better have had that mentioned in the model release.

      While some releases declare "any and all uses", that could become a bit vague, and a judge will almost certainly allow a trial to go forward.

      Other possibilities are if someone posts an image of people in a private domicile. Private places have private protections.

      And a bar is also private property.

      To top it all off, model releases can be held null and void if there is no consideration given, ie money passes hands. So if I have been in a situation where I've used models either at work or a part time video/photo/animation business of mine, they'd get at least 5 dollars. Of course usually much more.

      So whether this particular case is involved with copyright, Facebook is facing some issues of privacy if images from a private place are posted. And the path stops at where and who makes the money. A friend might have posted the pictures, so discouraged, but no legal harm. But the property owner will have a case. And if Facebook monetizes a copyrighted image, they owe the copyright holder.

      The issue was dealt with during the Google Glass saga, where bar owners asserted their private property privacy rights to tell the Glassholes that they could not stream video in their establishments. IANAL, but I've dealt with this issue over the years.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    21. Re:Good by Ol+Olsoc · · Score: 1

      My right to my picture. Yes, such a thing exists in European law: Your face is yours, and only yours, and anyone wanting to take a picture of it needs your permission to do so. There are some exceptions like for celebrities, or when the picture taken is about, say, a building and you just happen to be in the picture and not in focus, but in general, if you want to do ANYTHING with a picture that has me on it, you need my ok.

      There are exceptions at least here in the US. Out n the streets, or newsworthy events, and you don't have much say.

      Am I to take it however, that in Europe pictures of say a crowd at a football game or Festival are illegal?

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    22. Re:Good by Anne+Thwacks · · Score: 2
      There is no such "European law".

      Slightly true.

      The general process is that there is a "European directive" - which is essentially guidance as to what each European country should enact, and then they do so, in line with local practicality and custom, at the pace they are comfortable with.

      However, in the case of data protection, the GDPR (Google is your fiend), will apply from 25 May 2018*, all across Europe, including the UK, even after Brexit. Penalties are EUR25Million or 4% of your global turnover. Hopefully, per offence of face recognition of non-subscribers. I do not doubt that a great many European citizens are campaigning at this minute for jail sentences for Zuk and the like, but the legal system is happy to take payment by plastic.

      There is no question whatsoever that facial recognition of non-subscribers is a very serious offence under the GDPR.

      It would most definitely require prior, informed consent, and registry with the Information Commissioner's Office before doing it, with a credible explanation of why you are doing it.Sure, you can take a photo of me in public without my consent. BUT if you publish it without my permission, I have the right to sue your balls off, and if you have any money, I am sure I can find a lawyer willing to do it for "no win-no fee".

      Believe me, that is preferable to a visit from my friends with big sticks and angry rottweilers, or nuking from high orbit. So: stay within the law, and be happy the law is created by sane people!

      * It applies to anyone in the EU collecting data, or anyone wherever, collecting data on live people in the EU, some countries may grant exemptions for dead people if the feel so inclined. The situation regarding Zombies is still TBD. This was announced two years ago, so you have had time to find out.

      --
      Sent from my ASR33 using ASCII
  2. Re:Don't forget the missing opt-out option by Anonymous Coward · · Score: 1

    You are not trying hard enough.

    Or in the parlance of the geek vernacular, the only way to win is not to play.

    For those in Rio Linda. Stay off the internet.

    If you do not understand that, just go back to watching YouTube.

  3. FB going sour on folks? by bogaboga · · Score: 1

    Am I alone? Facebook is starting to get attributes of a product, once desirable, that is now really beginning to go bad.

    Some would read this as "getting rotten."

  4. Does ANYONE think this lawsuit is a solution? by shanen · · Score: 1

    I'm certainly willing to stipulate that Facebook has many gigantic problems. I would even say that my images, including my face, are part of my personal information that is being horrendously abused by Facebook. However, it is obvious to me that the lawyers are more concerned with creating new problems than solving anything.

    My suggestion for a solution approach would be a rather different: A non-adversarial business model for Facebook. Rather than pitting us against the advertisers, which guarantees the advertisers are going to win because it's their money, a better system (which Facebook has no potential of becoming, if you ask me) would focus on cost recovery for actual services rendered. Yeah, I'm calling TANSTAAFL on Facebook and saying we should be paying for the real costs of the services we actually want to use. Of course we want to pay as little as possible, but we're paying anyway, even though Facebook doesn't show us any of the real bills and invoices. ADSAuPR, atAJG.

    By the way, I think this approach could in theory be added as an extension to an advertiser-funded model. The reason Facebook can never do it is because they have become a corporate cancer, and cost-recovery is fundamentally opposed to profit maximization. Not acceptable to the cancer to leave those chips on the table because profit is NEVER sufficiently maximized. Or to put it in religious terms:

    There is no gawd but profit, and Facebook wants to be the #1 prophet!

    Oh yeah. About the face problem. It's okay if people want to annotate pictures with PRIVATE notes such as thinking an image is me, but it is NOT okay to share those notes with the world unless I quite explicitly agree to the sharing. In the wrinkled middle ground, I might (or might not) even be willing to confirm that a face annotated in private notes is mine, but that is NOT to say I would agree to making those notes PUBLIC without telling me. That's just the tip of the solution approach, but ADSAuPR, atAJG. (Twice in one post? Looks bad, folks.)

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    1. Re:Does ANYONE think this lawsuit is a solution? by q_e_t · · Score: 1

      The issue is being tagged in pictures taken by others, I thought.

    2. Re:Does ANYONE think this lawsuit is a solution? by Opportunist · · Score: 2

      It isn't. But it's one more nail in the coffin, I hope.

      You won't convince people to ditch something harmful if you have one huge story about how it fucks up lives. But if you keep the stories coming and if you can give them something else to read about it every day, eventually they'll catch on.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re: Does ANYONE think this lawsuit is a solution? by tsqr · · Score: 1

      Except images containing you are not necessarily yours. They are legally property of the person that took the picture. By uploading an image they owned the owner agreed to have the facial recognition algorithm to be run on it.

      ...says the AC who's never actually looked at the Facial Recognition permission setting in Facebook:
      Face Recognition
      Do you want Facebook to be able to recognize you in photos and videos?

      Note that it doesn't say, "Do you want Facebook to be able to recognize anyone in the photos and videos posted by you", or, "Do you want Facebook to be able to recognize you in the photos and videos posted by you".

    4. Re:Does ANYONE think this lawsuit is a solution? by tsqr · · Score: 1

      The issue is being tagged in pictures taken by others, I thought.

      Not tagging; face recognition, which is not the same thing. You can't stop anyone from tagging you, but as noted upthread, if you deny Face Recognition permission, they say they won't run their recognition algorithm on you, regardless of who posts your picture.

  5. Dear Facebook... by OppMan29 · · Score: 1

    Welcome to the Beginning of the END..... hopefully...

  6. FB Great Idea by wolfheart111 · · Score: 1

    in a perfect world :)

    --
    [($)]
  7. Facebook is a publicity service by Anonymous Coward · · Score: 1

    ... to tag after a Facebook user uploads a photo ...

    As long as there's been cameras, there's been the thorny issue of owning the brand/copyright versus owning the image. This is why all social networks don't touch copyright and their ownership of the upload is non-exclusive.

    Facebook is a publicity service, helping people find you. It's why Facebook hides and repeatedly resets/deletes privacy settings; it is contrary to the point of the service; and thus their profits. This is a problem when users think they can have privacy: In fact, any claim by Facebook offering privacy is a blatant act of fraud. This is a problem when users load images of other people onto Facebook; those people have been robbed of privacy and anonymity. The best example is the wall of (mostly female) nudie photos on Facebook and Tumblr. I like viewing them but I wonder how many women asked, agreed or knew their bodies would be shown to the world? For most women, they're another pair of tits in crowd, so it doesn't matter. For some women, such as Pamela Anderson, Paris Hilton and Jennifer Lawrence, it's a huge invasion of privacy. If we want privacy for all, we need to protect the privacy of celebrities first.

  8. Re:a friend in foe by wolfheart111 · · Score: 1

    And the warm greeting when I log in... you dont get that from regular people. :(

    --
    [($)]
  9. Re:Bad. by Opportunist · · Score: 1

    Could they also be pissed enough to forbid accessing them from here?

    Pretty please?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  10. Re:a friend in foe by Opportunist · · Score: 1

    It's kinda sad when the only sweet words you get to hear is from a stalker who wants to sell you to the highest bidder.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  11. Doesn't google do face recognition on your photo by goombah99 · · Score: 1

    Is this the difference between doing it on the server: facebook, google, and on your own computer iTunes?

    --
    Some drink at the fountain of knowledge. Others just gargle.
  12. How can this possibly be illegal? by mi · · Score: 1

    If you are allowed to recognize people on a photo someone shows you — without the pictured people's permission — how can it possibly be illegal for Facebook or anyone else to do that?

    That said, a class-action lawsuit may, indeed, be the best way to solve this question...

    --
    In Soviet Washington the swamp drains you.
    1. Re:How can this possibly be illegal? by Anne+Thwacks · · Score: 1
      a class-action lawsuit may, indeed, be the best way to solve this question...

      It may be a way to solve the question, I am petty sure nuking from high orbit is a better one.

      --
      Sent from my ASR33 using ASCII
    2. Re:How can this possibly be illegal? by mi · · Score: 1

      The problem is the database of names that Facebook is going to monetise, many of those people have, like me, consciously avoided Facebook

      And how is that illegal? If someone shows me your photo, and tells me the names of everyone pictured, why can't I "monetize" this knowledge?

      --
      In Soviet Washington the swamp drains you.
  13. Re:Bad. by Anne+Thwacks · · Score: 1
    If this is the kind of shoddy treatment companies can now expect in this country then they should move overseas to where they will get the piss knocked out of them in short order.

    Their behaviour is completely unacceptable in any reasonable part of the world, and face recognition of people who are not even users falls into the sort of category associated with real WW2 Nazis.

    Lets be reasonable here. its not the case that has no merit - its Facebook that has no merit.

    When it comes to court, I hope they are found to lack standing, and also be deprived of the right to sit and lie down too.

    Long jail sentences are required to set a good example.

    --
    Sent from my ASR33 using ASCII
  14. Re:Don't forget the missing opt-out option by Anne+Thwacks · · Score: 1
    How then to avoid "shadow profile"?

    Nuke from high orbit - its the only way to be sure.

    --
    Sent from my ASR33 using ASCII
  15. google is being sued too. by goombah99 · · Score: 1

    Google is also being sued under the same illinois law. Apple is not. Presumably this is because with apple it's you that is doing it to your own photos So it's you that would be culpable for gathering biometrics without consent

    I wonder if this means you cant do any facial recognition research in Illinois? Sure there are face data banks but how do you know they are legal in Illinois.

    --
    Some drink at the fountain of knowledge. Others just gargle.