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Privacy The Courts

Amazon Sued For Not Telling New York Store Customers About Facial Recognition (cnbc.com) 29

Amazon did not alert its New York City customers that they were being monitored by facial recognition technology, a lawsuit filed Thursday alleges. CNBC reports: In a class-action suit, lawyers for Alfredo Perez said that the company failed to tell visitors to Amazon Go convenience stores that the technology was in use. Thanks to a 2021 law, New York is the only major American city to require businesses to post signs if they're tracking customers' biometric information, such as facial scans or fingerprints. [...] The lawsuit says that Amazon only recently put up signs informing New York customers of its use of facial recognition technology, more than a year after the disclosure law went into effect. "To make this 'Just Walk Out' technology possible, the Amazon Go stores constantly collect and use customers' biometric identifier information, including by scanning the palms of some customers to identify them and by applying computer vision, deep learning algorithms, and sensor fusion that measure the shape and size of each customer's body to identify customers, track where they move in the stores, and determine what they have purchased," says the lawsuit.

"It means that even a global tech giant can't ignore local privacy laws," Albert Cahn, project director, said in a text message. "As we wait for long overdue federal privacy laws, it shows there is so much local governments can do to protect their residents."
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Amazon Sued For Not Telling New York Store Customers About Facial Recognition

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  • I'd have assumed it would be self-explanatory that Amazon's automated stores use all kinds of technological wizardry to figure out who you are. But we live in a world where people apparently don't understand that coffee is hot, and that the obviously a rollercoaster theme park attraction is "a thrilling rollercoaster-type ride with sharp turns, sudden drops and stops.", unless there's a sign saying so.

    • by test321 ( 8891681 ) on Thursday March 16, 2023 @08:32PM (#63377111)

      There was apparently a law saying they must inform people on what is their method for identification. It was not difficult for them to comply, they just neglected to. I'd join the complainers if I lived there, just to remind these companies the law also applies to them, and also to defend the interests of the many people who have no idea how technology work and would never have guessed what sort of magic was involved.

      • Eventually the signs will just be everywhere, like signs about the presence of materials known to the state of California to cause cancer - hanging at pretty much any business you go to in California. Why don't they just pay Elon to post one warning up in space, that this planet contains materials known to the state of California to cause cancer?
      • I initially thought this story was ridiculous on the presumption they would have been using facial recognition all along, since the whole point is to track what products "you" are taking.

        But according to this [washingtonpost.com] WaPo article from the 2018 launch, "the company says it does not employ facial recognition."

        • by kenh ( 9056 )

          From the summary:

          Thanks to a 2021 law, New York is the only major American city to require businesses to post signs if they're tracking customers' biometric information, such as facial scans or fingerprints.

          The law covers any biometric information - facial, fingerprints, etc.

          How do New Yorkers think Amazon knew who to charge for the items purchased?

          The law was passed in 2021, the store posted signage in 2022, and now someone is filing a class action lawsuit in 2023? This lawsuit will go nowhere in my opinion.

      • by kenh ( 9056 )

        It's a signage issue. If anyone simply alerted Amazon to the infraction, there would have been hastily printed signs inside the store to comply with the law - but apparently, instead of simply getting Amazon to comply with the law, there was a "need" to file a class-action lawsuit because it is more dramatic.

        This is like a customer suing Amazon for not putting a wet floor sign out when someone spills their drink on the floor, instead of simply alerting the staff of the wet floor...

    • by nasch ( 598556 )

      If you're referring to the McDonald's hot coffee lawsuit, you have probably misunderstood the situation.

      https://www.vox.com/policy-and... [vox.com]

    • by tlhIngan ( 30335 )

      I'd have assumed it would be self-explanatory that Amazon's automated stores use all kinds of technological wizardry to figure out who you are. But we live in a world where people apparently don't understand that coffee is hot, and that the obviously a rollercoaster theme park attraction is "a thrilling rollercoaster-type ride with sharp turns, sudden drops and stops.", unless there's a sign saying so.

      Some insights for you. Coffee isn't necessary hot, but more to what you're referring to, coffee shouldn't b

    • by jon3k ( 691256 )

      But we live in a world where people apparently don't understand that coffee is hot

      I would highly recommend the documentary from 2011 called Hot Coffee [imdb.com]. Not trying to change your opinion, it is just a fascinating story with a lot more to it than made it in the news headlines.

  • by jenningsthecat ( 1525947 ) on Thursday March 16, 2023 @09:03PM (#63377163)

    It means that even a global tech giant can't ignore local privacy laws," Albert Cahn, project director, said in a text message.

    Not only can Amazon ignore local privacy laws, it's almost a certainty that they will continue to do so. Any award in this suit will be a pittance to 'Zon - this kind of expense literally appears as line items in the budgets of all major corporations. It's just a cost of business. And it's not as though it's Amazon's money which pays the fines - it's customer money from small increases in prices across the board, and it's employee money from making them work under slightly-more-gruelling conditions.

    I've said it more times than I would want to count - unless fines and law-suit awards are in the high 9 figures they just barely make the needles twitch on these companies' worry meters.

    The public has to wake up to the fact - and start making their governments act accordingly - that corporations have to be made to hurt badly in order for them to behave as though they a social conscience. We're dealing with psychopaths here, and we need to put the boots to them hard in order to even get them to merely pay attention. As an example, since 2000 General Electric has paid almost 2 billion dollars in penalties [goodjobsfirst.org]. Yet they still keep offending. Now if they had paid 2 billion dollars per year for the last 23 years, it's possible - although just barely - that their behaviour might have been a little bit better.

    • The privacy ship sailed when retail stores covered every square inch of their property with security cameras, and retain the footage for God-knows-how-long. Whether you're recognized immediately by an algorithm or by a human watching the footage after the fact makes little difference.

      Being concerned about privacy while out shopping nowadays is like complaining that your stateroom on the Titanic is too cold.

      • Whether you're recognized immediately by an algorithm or by a human watching the footage after the fact makes little difference.

        Of course it makes a difference. A human watching the video after a burglary might see you in the store but the information is not added to any database unless you happen to be in the store during the two minutes the robbery is happening.

        Facial recognition adds you to a database that is stored and available for data mining later. Things that can be learned by data mining include how often I enter the store, what I purchase, what time of day do I shop, how much do I spend, is there another person constantl

        • Facial recognition adds you to a database that is stored and available for data mining later. Things that can be learned by data mining include how often I enter the store, what I purchase, what time of day do I shop, how much do I spend, is there another person constantly with me, etc.

          With or without facial recognition, that's all the same information Amazon's stores are designed to collect in order to facilitate automatically charging your account anyway. Really, the issue here is that if you don't consent to the way the store operates, you probably shouldn't set foot through the door in the first place. If you truly are concerned with your name and shopping habits being stored away in a database, you'll have to shop elsewhere and with cash.

          I already said it but it got modded into obl

          • You got modded down because of your "coffee is hot" trolling, which you then later tried to disguise by referring to Starfucks instead of McDogshit, thereby doubling down on bullshit. Nobody is impressed by disingenuous cowardice.

          • by kenh ( 9056 )

            The law was passed in 2021, the store posted signage in 2022, and now someone is filing a class action lawsuit in 2023?

            In other words, Amazon was complying with the law for over a year before the class action lawsuit was filed.

    • by nasch ( 598556 )

      Not only can Amazon ignore local privacy laws, it's almost a certainty that they will continue to do so.

      In the case of this privacy law, they've already stopped doing so (at least according to the plaintiff). So that doesn't support your premise.

      "The lawsuit says that Amazon only recently put up signs informing New York customers of its use of facial recognition technology"

  • ...there are cameras literally everywhere, and human contact is fading, as is cash. Our supermarkets, Tesco and Coop have cameras above each self service checkout, with the feed displayed on a screen above the checkout. I asked staff why, and it is to deter shoplifting. (Crims do not scan their produce and then put the item in their pocket, not the bag/weigh area.) However, it is interesting that in some stores now, in particular those with lower crime, the weighing system is disabled, so you don't have tha

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