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The Courts Google Privacy

Google Wins Dismissal of Suit Over Facial Recognition Software (bloomberg.com) 152

A lawsuit filed against Google by users who said the world's largest search engine violated their privacy by using facial recognition technology was dismissed by a judge on Saturday. From a report: U.S. District Judge Edmond E. Chang in Chicago cited a lack of "concrete injuries" to the plaintiffs. The suit, initially filed in March 2016, alleged Alphabet's Google collected and stored biometric data from photographs using facial recognition software, running afoul of a unique Illinois law against using a person's image without permission.
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Google Wins Dismissal of Suit Over Facial Recognition Software

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    • by Anonymous Coward on Tuesday January 01, 2019 @10:05PM (#57890476)

      Man, the USA is a strange place to us Germans.

      Even before US data protection laws, recording somebody without somebody's permission, and then publishing them, was always illegal. Yes, also in public.
      There were/are, of course freedom of the press laws. So in some cases, they were in direct contradiction, and if somebody sued, a judge decided.

      Note how it says "and then publishing them". You could still record them.
      Because this whole thing was never about acting like you are in private when you are in public.
      (Although courtesy dictates that you leave people alone, even in public. Like when a couple is kissing on a bench behind a bush in a public park, you don't go and stare at or record them.)

      It was about the problem of making something that should be forgotten when people forget it, permanent for all eternity.
      Because then, somebody can still hate you and harass you for something you did, twenty fucking years ago. ... While even law, on top of basic human decency, dictates, that everybody must have the chance to be forgiven, eventually. Hence prison sentences not being literally forever.
      And because statistically you can calculate that there are about 5000 people on this planet, who have the will and the means to bloody murder you for something, whatever that something is.

      Add those things together, and taking a photo of you, and uploading it online, knowing the above risks, would have to be considered an act of aiding in bloody murder.
      (I would not say that, unless I’d have hard real-world statistics on that calculation above, but technically, using common sense, one would have to.)

      This is exactly why we have a "right to be forgotten" law in the EU. And data protection laws.
      Not that their implementation is good. Or written by people with a clue about the Internet and modern technology. I'm certainly no fan of the EU (nor nationalism/racism, for that matter).
      But it's way better than dismissing the problems in their entirety.

      • That's great and all, but the whole problem with that argument is that the "right to be forgotten" laws are bonkers.

        If you do something in public (whether in cyberspace or meatspace), then it's absurd to expect that, on demand, you can require all the rest of the world to pretend you didn't do what you did, that you weren't there, etc. If I'm painting in a public park and you're standing in the scene I'm painting, can you require that painting to be destroyed? Of course not.

        I totally get the problems that t

        • by Shaitan ( 22585 )

          "Choices have consequences, and forgiveness is not dependent upon everyone pretending the past never happened."

          No but there needs to remain a reasonable ability to make it difficult for new people to find out. Most of this isn't about people, it is about companies harvesting data and selling it for fun and profit. Companies are not people and there is no particular reason they should be allowed to retain data about people without their consent.

          • there needs to remain a reasonable ability to make it difficult for new people to find out

            Why?

            The words we said were really said. The things we did really happened. No amount of pretending or trying to force everyone else to pretend otherwise will change that.

            The right to be forgotten laws seem like an offshoot of the same mentality that has a lot of people obsessing with their social media presence - that desire to keep up airs and cultivate that my-life-is-always-great image. And then when their real selves slip through the mirage and they post something stupid, they scramble to take down the

            • by Shaitan ( 22585 )

              "The words we said were really said. The things we did really happened."

              Some action you engaged in isn't your real self, it's just something you did. Everyone says something poorly, has a wrong idea, lets emotion cloud their judgement or get caught up in a moment. Those fuck-ups belong to them and those involved forever but they don't belong to anyone else. In a perfect world even you don't dwell on your past and build mountains of emotional baggage. People grow, evolve, and change and the vast majority of

              • You seem to be looking at things in black and white

                Hehe, no, I simply disagree with you.

                Look, every human being deals with the faults of others. Every single human relationship involves looking past weaknesses, forgiving, and moving beyond mistakes. Getting good at that - getting good at realizing everyone else is full of faults just like you, and getting good at not getting hung up on someone else's mistakes (especially when they've shown a desire to change and overcome that fault) is an essential part of growing up and being a member of society.

                Trying to

          • "Choices have consequences, and forgiveness is not dependent upon everyone pretending the past never happened."

            No but there needs to remain a reasonable ability to make it difficult for new people to find out.

            That is easy. Just don't Instagram/Post about every little drunken binge or cutesy thing you ever see. The problem is that people want all the validation that lots of attention gets, but do not want the drawbacks when the attention is for being stupid. If you want to be famous and have thousands of followers see and ogle your photos and "envy your trips", then you also need to realize there can be a downside when a future employer/partner/mate sees you have spent 10 years on a drunken bender in Barcelona

            • by Shaitan ( 22585 )

              "That is easy. Just don't Instagram/Post about every little drunken binge or cutesy thing you ever see."

              People are humans with all the human quirks and flaws. We could all live in huts on mountain tops and avoid these issues but even if YOU don't post every little thing on FB and instagram, everyone else at the party did. That time an old college buddy who never really grew up came to town and you reverted into a stupid younger version of yourself for an evening... well you might not see it since you aren't

              • Wait - so actions have consequences? Being immature and irresponsible can haunt you for decades later? Who knew? Well - I did... So I didn't go to those wild beer-fueled parties during college, I kept my fun times a bit more private and guarded. And still do. But I guess in a modern culture where students demand that loans they willfully and knowingly took out must be forgiven because "too expensive", I shouldn't be surprised that people demand the ability to edit history in their personal favor.
                • by Shaitan ( 22585 )

                  Yeah and being a little more responsible during that time almost certainly brought you rewards and advantages but not everyone has the same life and the same experiences. Some people grow up at 8, 18, 38, etc in fact, all of them do, in different ways. Not having enjoyed that time also has consequences of a different sort and relatively speaking your social intelligence was almost certainly impaired.

                  "But I guess in a modern culture where students demand that loans they willfully and knowingly took out must

                  • I have a serious problem with forgiving student debt because "people told them to take the loans". Supposedly they are 18 and are adults. We trust them with cars, firearms (long arms), and the vote. Yet we're supposed to forgive them for the choices they make? Perhaps they're not mature enough to go to college in the first place... Perhaps they need to wise up and realize you can pay for a lot of your own college without loans (yes, work during college; grades will suffer, but you'll be much better fin

              • I'll let you be the one to welcome Bill Cosby, Harvey Weinstein and Roman Polansky back into the Film Academy then.
        • Except we can't learn from it or move on anymore. Anything you say at any point in the past can be brought up in an attempt to ruin your life now.

          • Except we can't learn from it or move on anymore. Anything you say at any point in the past can be brought up in an attempt to ruin your life now.

            Yes and no. I mean, in some ways that has always been the case, so ultimately this boils down to whether or not the Angry Online Mob gets to rule or not.

            For awhile there would be immediate hysteria if anything bad from your past was uncovered, and you'd get blackballed and shamed. While the hysteria is still happening, there are some signs here and there that people are getting tired of the mob and are starting to stand their ground a little. The Kevin Hart example was interesting because he did stand his g

        • Who called the law "the right to be forgotten"? Nobody with an IQ of more than 0.5 expects to be able to erase people's memories.
          It's the right to stop any old Tom, Dick, or Harry broadcasting your personal data for ever and a day.

          • That's the intent at least, but it's nearly impossible to capture just that in a right-to-be-forgotten law, so the result ends up being a law that has all sorts of goofy implications and creates a mess. If you're a public performer and don't like a review someone did of your show, just claim that the review is personal data and demand the review be removed (https://www.washingtonpost.com/news/the-intersect/wp/2014/10/31/pianist-asks-the-washington-post-to-remove-a-concert-review-under-the-e-u-s-right-to-be-

      • by Shaitan ( 22585 )

        So what, if you are taking a picture of someone or something on a busy street you can't publish it because you don't have consent from the random people who might have been in the shot?

      • Right to be forgotten is a joke. If i see you get arrested, no just law can prevent me from telling others that fact.
    • Most states (and countries) recognize your right to control your own likeness [wikipedia.org], and prohibits others from profiting from using your likeness for commercial gain without your permission. Historically that has meant that entertainment TV shows have to get signed model releases [wikipedia.org] from everyone who shows up in the picture. That's why reality shows frequently blur out people - they weren't able to get model releases from those persons. (News TV gets a waiver because the importance of reporting news is judged to o
    • by Shaitan ( 22585 )

      Maybe, but your biometric data like your DNA is your property, you copyrighted it on creation. You are your own work of art, freshly made each day. Google may own the copyright on the picture but that doesn't mean it isn't a derivative work.

      There are other factors as well. I may punch my pin into the atm in public where there is no expectation of privacy but if you film it and sell the results on the web you are still breaking the law.

      Tangible damages are easy to prove, google is profiting from this activi

    • Comment removed based on user account deletion
    • by AmiMoJo ( 196126 )

      So what? If you sign your name in public, does that give everyone nearby licence to photograph and reproduce it as often as they like? If you read a book in public, can I photograph every page and then read it myself for free?

      In other words there are other laws that apply. For example in the EU you can't do much about people taking photos which you happen to be in when out in public, but that's different from them say lifting your fingerprints from something you touched or deliberately taking a photo of you

      • So what? If you sign your name in public, does that give everyone nearby licence to photograph and reproduce it as often as they like?

        Yes, as long as it does no damage to you. Then that is fraud

        If you read a book in public, can I photograph every page and then read it myself for free?

        No, because the author/publisher can show actual monetary harm (someone bought the book for $11.99, and you didn't) - unlike your photos on your Instagram feed.

        Such things are covered by GDPR and the European Convention on Human Rights.

        Both of which are terrible ideas. For many reasons...

  • by Anonymous Coward

    Is that really a thing? If you break the law and nobody gets hurt, doesn't mean you shouldn't be penalized. For example, what if I'm texting and driving and I don't hit anyone? Does that mean I shouldn't be slapped with a fine for distracted driving -- because there are no concrete injuries?

    • by Anonymous Coward

      I think you are confusing criminal law with civil law. Getting a fine from the police means you've broken a criminal law. Getting sued means someone thinks you've damaged them in some fashion and is seeking remedy via civil law. No damage means no remedy, and therefore no suit. Disclaimer: I am not a lawyer and have never studied law.

    • What law was broken here?

    • Texting while driving is a direct and immediate threat to public safety and the laws are a preventative measure. All moving violations are enforced for the same reason. Right now there is no danger in taking someone's picture in public spaces. The lawsuit got tossed because the people submitting the lawsuit cannot convince the court that taking picture your picture in public are harmful in any way.

    • It's a thing in civil court. The government can fine you without demonstrating injury (your "texting and driving" example), but I cannot sue you for texting and driving next to me unless you injury me in some way (crash into me, etc.) Copyright law attached a "statutory injury" for copyright violations, at the RIAA/MPAA request. So they no longer have to prove the loss of sales, the law already assumes it. We should have statutory injury for privacy violations. Then you would just be able to say "publi

    • by AHuxley ( 892839 )
      The US likes it idea that the eye cannot trespass.
      What a person can see from public property is all ok.
      Now big fast new computers can find that image set again and again.
  • As much as I dislike the idea of meatspace tracking (and joining of data between meatspace and internet, make no mistake -- this is the ultimate goal of Google et al), I'm pleased with the decision. Don't like it? Take it up with your congresscritter.

    • by AmiMoJo ( 196126 )

      You need a GDPR style privacy law that bans this kind of thing without explicitly opt-in permission.

    • Comment removed based on user account deletion
  • So you can violate the law and get away with it if nobody can prove harm? Amazing.

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