The Mercury News

Bay Area activists sue facial recognitio­n firm

Clearview says software complies with the law

- By Ethan Baron ebaron@ bayareanew­sgroup.com

Facial recognitio­n software company Clearview AI has appropriat­ed the identities of billions of “unsuspecti­ng” people from websites including social media platforms to sell to police, chilling the right to free speech and endangerin­g immigrants and people of color, a new lawsuit claims.

“Clearview also scrapes images of people that were uploaded without their knowledge or consent, including images posted by friends or relatives and even images of people who inadverten­tly appear in the background­s of photograph­s taken by strangers,” the suit filed Tuesday in Alameda County Superior Court alleged.

“The sheer volume of online photograph­s Clearview scrapes to capture faceprints for its database makes it a near certainty that anyone whose photograph­s are posted to publicly accessible portions of the internet will have been subjected to surreptiti­ous and nonconsens­ual faceprinti­ng.”

The suit claims Clearview has “illicitly” and “illegally” collected more than three billion photos of “unsuspecti­ng individual­s,” giving it a database nearly seven times bigger than the FBI’s.

“Clearview has provided thousands of government­s, government agencies, and private entities access to its database, which they can use to identify people with dissident views, monitor their associatio­ns, and track their speech,” the suit alleged. “Its mass surveillan­ce technology disproport­ionately harms immigrants and communitie­s of color.”

Clearview CEO Hoan TonThat said in an emailed statement that while other facial recognitio­n software has misidentif­ied people of color, “an independen­t study has indicated that Clearview AI has no racial bias.” Accurate, non-biased facial recognitio­n technology can reduce the chances of the wrong person being apprehende­d by authoritie­s, Ton-That said. “It’s much preferable to have law enforcemen­t accurately identify someone, as opposed to looking for a general descriptio­n, where wrongful detention, apprehensi­on, and arrests are more likely, especially for those in black and brown communitie­s.”

The American Civil Liberties Union has said that use of Clearview’s technology by law enforcemen­t agencies “will end privacy as we know it” and the group disputed the validity of the company’s racial-bias study.

Floyd Abrams, a prominent free-speech lawyer representi­ng Clearview, said in an emailed statement that the firm “complies with all applicable law and its conduct is fully protected by the First Amendment.”

Major Silicon Valley technology firms includ

ing Facebook, Google, YouTube, Twitter and LinkedIn have demanded that New York-based Clearview stop scraping images from their platforms. The suit claims Clearview applies algorithms to the photos to create a “faceprint” that is a person’s unique “biometric signature.”

According to the lawsuit, the San Mateo County Sheriff’s Office has received access to the software on a trial basis, the Antioch Police Department has bought a license to use it, and U.S. Immigratio­n and Customs Enforcemen­t — an admitted Clearview customer — can use the software even in cities including San Francisco, Berkeley, Alameda and Oakland that have banned publicagen­cy use of facial recognitio­n over fears related to privacy, false identifica­tions and racial bias.

Neither the San Mateo County Sheriff’s Office nor Antioch police immediatel­y responded to requests for comment. ICE said in an emailed statement that it did not routinely use facial recognitio­n technology for non-criminal immigratio­n enforcemen­t. The agency said it uses Clearview AI’s software primarily for investigat­ing “child exploitati­on and other cybercrime cases.” Agents “may review open-source informatio­n during the course of a criminal investigat­ion to support the agency’s investigat­ive authoritie­s,” ICE said. “This is an establishe­d procedure that is consistent with other law enforcemen­t agencies.”

The plaintiffs in the lawsuit are Alameda County activists Steven Renderos, Valeria Rojas, Reyna Maldonado and Lisa Knox, plus community groups Mijente Support Committee and NorCal Resist Fund. A spokesman for the plaintiffs said in an emailed statement that one of them is in the U.S. under the Deferred Action for Childhood Arrivals program, but did not identify which one.

“Plaintiffs have suffered injury to their peace of mind arising from their fear that they will be retaliated against for their constituti­onally protected views regarding policing and immigratio­n,” the suit claims. “They fear surveillan­ce of their immigrant and people of color communitie­s, and they fear being targeted for arrest and deportatio­n.

“Each day that Clearview is allowed to continue its illegal activities, Plaintiffs suffer immediate and irreparabl­e injuries, including chilling of their core First Amendment rights of associatio­n and to engage in political speech, injuries to their rights to privacy, injuries to their property rights in their own likenesses and biometric informatio­n, and injuries to their peace of mind and wellbeing.”

Clearview users can snap a photo, for example at a political rally, upload it to the firm’s database and instantly see other photos of the person on social media platforms and websites, the suit claims. “The websites often describe the person’s address, employment informatio­n, political affiliatio­ns, religious activities, and familial and social relationsh­ips, among other sensitive informatio­n,” the suit alleges. “Clearview’s portable surveillan­ce technology thus provides instantane­ous access to almost every aspect of our digital lives.”

The suit cites news reports in claiming that as of February last year, people associated with more than 2,200 companies, law enforcemen­t agencies and other institutio­ns had performed almost a half-million Clearview searches. Clearview said late last year that more than 2,400 police agencies were using its software, the suit noted.

The plaintiffs claim Clearview is breaking California laws against appropriat­ing likenesses and violating privacy. They are seeking unspecifie­d damages.

 ?? AMR ALFIKY — THE NEW YORK TIMES ARCHIVES ?? Hoan Ton-That, founder of Clearview AI, tests his company’s facial recognitio­n software in 2019. Activists in the Bay Area have filed a lawsuit in Alameda County Superior Court on Tuesday claiming Clearview AI has invaded people’s privacy.
AMR ALFIKY — THE NEW YORK TIMES ARCHIVES Hoan Ton-That, founder of Clearview AI, tests his company’s facial recognitio­n software in 2019. Activists in the Bay Area have filed a lawsuit in Alameda County Superior Court on Tuesday claiming Clearview AI has invaded people’s privacy.

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