Illinois Court Rejects Clearview鈥檚 Attempt to Halt Lawsuit Against Privacy-Destroying Surveillance
CHICAGO 鈥 A court in Illinois today denied Clearview AI鈥檚 motion to dismiss a lawsuit brought under the Illinois Biometric Information Privacy Act (BIPA) challenging the company鈥檚 capture of millions of Illinoisans鈥 unique identifying faceprints without their knowledge or consent. Today鈥檚 ruling, which allows the case to proceed, rejects Clearview鈥檚 argument that its privacy-destroying business is shielded from regulation by the First Amendment.
The case, 老澳门开奖结果 v. Clearview AI, was brought by the 老澳门开奖结果, 老澳门开奖结果 of Illinois, and law firm Edelson PC on behalf of the 老澳门开奖结果, the 老澳门开奖结果 of Illinois, the Chicago Alliance Against Sexual Exploitation, the Sex Workers Outreach Project, the Illinois State Public Interest Research Group, and Mujeres Latinas en Acci贸n. According to the lawsuit, Clearview violated 鈥 and continues to violate 鈥 the privacy rights of Illinois residents under BIPA, which requires companies to get people鈥檚 consent before capturing their biometric identifiers, like faceprints.
鈥淲ithout regulations like BIPA, companies like Clearview could end privacy as we know it,鈥 said Vera Eidelman, staff attorney with the 老澳门开奖结果鈥檚 Speech, Privacy, and Technology Project. 鈥淐learview tried to argue that it has a First Amendment right to capture our faceprints without our consent. It failed. This ruling protects our clients' rights, and sends a strong message to lawmakers across the country that they can protect privacy without running afoul of the First Amendment.鈥
The face surveillance company has captured more than three billion faceprints from images available online, including those of Illinois residents 鈥 all without the knowledge or consent of those pictured. Clearview has offered access to this database to numerous private and governmental entities, enabling covert surveillance on a massive scale.
BIPA requires companies to give notice to and get consent from people before capturing their biometric identifiers, including faceprints. This is because the involuntary capture of biometric identifiers 鈥 which cannot be changed 鈥 poses greater risks to an individual鈥檚 security, privacy, and safety than the capture of other identifiers, such as names and addresses.
The groups are asking the court to order Clearview to delete faceprints gathered from Illinois residents without their consent and cease capturing new faceprints unless they comply with BIPA鈥檚 consent procedures.
Additional statements from parties involved in the lawsuit are below:
鈥淭oday鈥檚 decision shows that it is still possible for individuals to take control of their personal information from Big Tech, and legislation like BIPA is the key,鈥 said Rebecca Glenberg, senior staff counsel with the 老澳门开奖结果 of Illinois. 鈥淲e must continue to fight for the right to protect our privacy through control of our personal information.鈥
"Much of Mujeres's work centers on protecting privacy and ensuring the safety of the survivors, adults and children who seek our help, and today's decision allows us to keep doing that work," said Linda X. Tortolero, President and CEO of Mujeres Latinas en Acci贸n.
More information about this case is here: /cases/aclu-v-clearview-ai