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Face Recognition Tech Pushes Legal Boundaries 110

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.
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Face Recognition Tech Pushes Legal Boundaries

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  • No. (Score:4, Funny)

    by Thud457 ( 234763 ) on Friday June 12, 2015 @08:45AM (#49897729) Homepage Journal
    In meatspace nobody recognizes Rorschach.
    • > In meatspace nobody recognizes Rorschach.

      Um, if I am not mistaken, PermGen was replaced with Metaspace not meatspace. But considering what goes into both spaces, the confusion is understandable.
  • by DickBreath ( 207180 ) on Friday June 12, 2015 @08:48AM (#49897741) Homepage
    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.
    • Perhaps we as citizens, can fight back a little. Let's try to get our legislators to make "masking" legal again in public at all times!!

      ON a more serious note....I really wanna start looking into making those wearable infrared high powered LEDs type things...wiring them into hats and maybe onto glasses, etc.....and use them to blind out cameras to keep them from reading your facial features.

      • Like encryption, those high powered IR LEDs to blind cameras, only attract attention -- until everyone is doing it.

        Once encryption is outlawed, only outlaws will use encryption. Similarly wearing IR LEDs wired into your hat.


        Well tested code is best. Therefore you should run your unit tests many times so you can say your code is well tested.
        • Solution: IR filter in front of lens.

        • by ranton ( 36917 )

          Like encryption, those high powered IR LEDs to blind cameras, only attract attention -- until everyone is doing it.
          Once encryption is outlawed, only outlaws will use encryption. Similarly wearing IR LEDs wired into your hat.

          If this ever became a trend, the device makers would just start IR cut filtering their cameras.

          • 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?"

      • by DarkOx ( 621550 )

        Sounds totally practical I am its not as if the operators of these systems can just put a filter in front the camera or anything...

    • by ultranova ( 717540 ) on Friday June 12, 2015 @10:00AM (#49898181)

      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.

      • Re: (Score:2, Insightful)

        by jklovanc ( 1603149 )

        If you don't like Walmart's consent policy then go to a different company who does not have those consent policies. Not all companies do facial recognition. Coose one that does not .

      • > 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

        Amazon.com
        • Are you sure? You have seen the settings of Flash Player right? How many people even know about those settings? Any site can be using flash player to collect voice and video

          http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html.
          • Unless you put a post-it over the camera (assuming you have one)

            • ya know i bought a cam for 9 bucks on ebay there isn't a cover built in or even a light to tell me its on. Shit it might be on now??. post-it wont work either I,m going to have to build a flap i can flip lol no worries though, I,m not a FB member ;}
              • Just buy a copy of a random magazine that has pictures of various individuals -- People magazine, with lots of celebrities, is good -- then cut a page out of the magazine with a picture of the individual of your choice, tape it to your wall, and point the camera at the picture whenever you're not using it.

      • Maybe I'll just start wearing a mask.

    • 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.

      A European manufacturer of ATM machines is using facial recognition to go along with the debit/credit cards presented on his ATMs. A stranger can't draw out money, even he presents a correct pin.

  • Sad. (Score:5, Insightful)

    by Weaselmancer ( 533834 ) on Friday June 12, 2015 @08:52AM (#49897757)

    ...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.

    • Unfortunately, there's this whole right to remember and augment that memory. This sort of trumps your right to pursue anonymity.
    • Re:Already lost (Score:5, Interesting)

      by GargamelSpaceman ( 992546 ) on Friday June 12, 2015 @10:00AM (#49898185) Homepage Journal

      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.

      • Comment removed based on user account deletion
      • The state or even the FBI having these pics on file isn't nearly as bad as having them available electronically to whomever pays for access, and offering the ability to combine them with camera feeds and facial recognition software so that pretty much anyone anywhere can track your whereabouts or be alerted to your presence (and in the near future your behaviour as well).
    • Well yeah, didn't you hear this sort of thing can increase profit, PROFIT!!!, you would stand in the way of profit, because is that would just be un-American. If you don't want to be tracked and identified every step you take online and off, you must have something to hide. It's only so they can improve your shopping experience and help you stay connected to your friends. It's a win-win all around. It could also help us track criminals and terrorists, so just think of the children. /Sarcasm. God damn these

  • by gurps_npc ( 621217 ) on Friday June 12, 2015 @09:00AM (#49897783) Homepage
    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.

    • by Anonymous Coward

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

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

      • 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.
      • Re: (Score:2, Insightful)

        by Anonymous Coward

        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.

      • Re: (Score:2, Informative)

        by Anonymous Coward

        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

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

      You want to take away one of the few pleasures I have left in life. You monster.

      https://youtu.be/Lf3EC6OUk_Y [youtu.be]

    • by mysidia ( 191772 ) on Friday June 12, 2015 @09:33AM (#49897977)

      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.

      • I am not against free speech - you can blur the face on videos, and/or show it on local TV. I am against invasions of privacy. The internet is particularly bad at this because there is no filter. People can easily lie about what happened before the video begins or about what is going on in a video. There are several cases where actors were paid to do things like make catcalls at women and then someone put the video on the internet pretending no one was paid.
        • by mysidia ( 191772 )

          I am not against free speech - you can blur the face on videos, and/or show it on local TV

          It seems like you really are against free speech.... and you call curtailed or abridged speech "free".

          This is like saying you can have your declaration of independence, but it's treason if you don't black out the sections that speak ill of the king, Or if you post your declaration to Twitter, but your town's Newspaper is OKAY, as long as it's not circulated nationally.

          You want to force people to conceal part of t

    • > As in, when your friends tag you, even without Facebook "suggesting" it.

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

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

      What about news reports that appear on the internet?

    • by gsslay ( 807818 ) on Friday June 12, 2015 @10:46AM (#49898419)

      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.

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

      I think we go down a very slippery slope when we say that the Internet should receive less First Amendment protection than television or print media. Television and print are largely in the control of large media companies with lots of money. The Internet is accessible to anyone; it costs almost nothing to start your own blog. In a sense, the Internet is (or has the potential to be) a great equalizer. As soon as you start placing restrictions on Internet speech that don't apply to "big media" speech, yo

  • I, Robot, C U (Score:4, Insightful)

    by Impy the Impiuos Imp ( 442658 ) on Friday June 12, 2015 @09:05AM (#49897813) Journal

    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.

    • Re:I, Robot, C U (Score:4, Insightful)

      by blue9steel ( 2758287 ) on Friday June 12, 2015 @10:48AM (#49898427)

      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.

  • The article says that "Privacy advocates and representatives from companies like Facebook and Google". I'm assuming this is extreme naivete or the writer is a shill for these companies. These are lobbyists looking out for Google and Facebook's profits, not your privacy.
  • by Anonymous Coward

    In the UK, the police have decided that they'll use face recognition software at the Download Festival (a music festival) to spot 'criminals' where criminals is defined as a set of faces they determine what is the set to look for. No warrant, no requirement that it be used only for criminals, no limits, its *THEIR* choice.

    So you will visit the Download Festival, be tracked everywhere with RFID tags linked to your name, and your real ID matched using the police cameras surveillance. And the police will have

  • demo code (Score:5, Funny)

    by antiperimetaparalogo ( 4091871 ) on Friday June 12, 2015 @09:34AM (#49897985)

    rolling out systems to "pre-identify" shoplifters

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

  • by Sloppy ( 14984 ) on Friday June 12, 2015 @09:59AM (#49898157) Homepage Journal

    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.

    • by JaredOfEuropa ( 526365 ) on Friday June 12, 2015 @10:22AM (#49898301) Journal
      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.
      • by ranton ( 36917 )

        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.

        An interesting side effect of this would be to give even more advantages to large companies. If this technology actually provides value, and small companies cannot buy this data from third parties, then only companies large enough to amass their own huge data sets have this advantage.

        I am almost convinced the best route is to force large companies to open up their data (for a fee), similarly to how we forced certain utility providers to rent out their physical infrastructure. This lets a local grocer have t

        • The real value and the real threat (to us) are to be found in combinations of the data. Our image data, tagged, combined with live camera feeds, our financial data and our shopping habits. It is unlikely that any one large company will be able to effectively amass enough data sets to combine them in a way that will profit them directly (in ways other than simply selling the data to interested 3rd parties) and greatly harm us. And laws would prevent (or at least punish) collusion or crowdsourcing efforts,
    • 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!

      • by ranton ( 36917 )

        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.

  • Damn! (Score:5, Interesting)

    by Teun ( 17872 ) on Friday June 12, 2015 @10:30AM (#49898329)
    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'.
    • by qaz123 ( 2841887 )
      That's why I've no account in any social network. The whole idea seemed to me stupid from the beginning
      • Not? You should. FB accounts are fun!

        Especially if they're not your own. I consider it a social service, teaching people what happens when some stranger takes control of their life because they enable him...

      • If your friends are active on social network, chances are that those networks have already been able to build a pretty interesting profile of you, including your name and likeness. It'd be funny (and scary as hell) if you signed up at last for FB, and up pops your ready made profile without you having to enter any of it.
  • by Opportunist ( 166417 ) on Friday June 12, 2015 @10:46AM (#49898421)

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

  • by MrL0G1C ( 867445 ) on Friday June 12, 2015 @11:01AM (#49898527) Journal

    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.

  • by Anonymous Coward

    You can educate yourself, but it is hard to educate your friends and still keep any.

  • Waiting for the first person to use a full body suit and mask to be harassed because they stick out like a sore thumb....

  • When somebody says "dude, we found your DNA from the crime scene", most will believe will believe A) This guy's DNA was found, B) He/she was the murderer. We don't have to check even A. Some laws of thought can't be questioned.

    There was a news in my country where the police reported they will extend the fingerprint database to all citizens (before they were only those with criminal record). Before the police had "probable suspects" who could be the real offenders. As fingerprints are not accurate - the data

  • Perhaps signs at the entrance of stores could announce that entering the store is an agreement to use electronic investigation of a shopper or visitor. It might have a crushing effect in that a violator might never be able to enter any store, ever, again. And how about the drunk driver being banned from every place that serves or sells liquor for life? This technology may look the Puritans look like flaming liberals. In my area people that have a misdemeanor conviction are pretty muc
  • It sounds like blatant defiance of the law:

    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;

    This behavior should be prosecuted to the full extent of the law, including civil and criminal penalties for company management and people involved.

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