Clearview AI Class Action Says 3B Photos Scraped

Clearview AI Inc. is facing a class action lawsuit filed by two individuals claiming that the company illegally scraped more than 3 billion images from websites such as Facebook, Twitter, and Google without the consent of users.

Plaintiffs Sean Burke and James Pomerene say that Clearview AI stores these scraped images of faces on their database.

Then the company allegedly utilizes its facial recognition software to create biometric information and sold this information to third-party entities.

Burke alleges that numerous images were uploaded to numerous internet websites including Facebook, Twitter, Instagram, Google, Venmo, and YouTube that contained his face. He argues that Clearview scraped images of his face from these sites and stored this information in their database.

Burke complains that Clearview AI then calculated his unique physical characteristics and created a biometric template based on this information. Then, Clearview allegedly sold access to its database containing this information to third-parties for monetary gain.

In addition, the Clearview AI class action lawsuit claims that the company sold access to the biometric data to law enforcement agencies. The plaintiffs state that these agencies have “instantaneous access” to biometric information of billions of people which can allow them to intrude into aspects of their digital lives.

Consumers such as the plaintiffs did not receive notice of these actions and have not consented to it, state the plaintiffs.

“Clearview and its customers, including law enforcement and each of their employees, staff, and any number of other people, may be able to access billions of consumers’ identities, social connections, and other personal details based on the Faceprint created and sold by Clearview,” maintains the Clearview AI class action lawsuit.

The plaintiffs argue that Clearview never informed him that they were collecting this information and never told him how he could prevent Clearview AI from collecting his images from the various internet sites.

In addition, Burke and Pomerene claim that they were deprived of control over their valuable and sensitive information and have suffered damages in that their biometric information has diminished in value.

The plaintiffs also claim that Hoan Ton-That and Richard Schwartz, the founders of Clearview AI, knew that what they were doing was unlawful and are responsible as joint tortfeasors for the damages resulting from the wrongful conduct perpetrated by Cleaview.

According to the plaintiffs, the California Consumer Privacy Act of 2018 states that businesses that collect an individuals personal information must, at or before the point of collection, inform consumers what information is being gathered and the purposes for which it is being used.

Clearview’s actions are in violation of many websites terms of service and policies, according to the Clearview AI class action lawsuit. Facebook and Twitter have sent Clearview cease and desist letters, according to the plaintiffs.

The plaintiffs say that Clearview has also violated the California Unfair Competition Law, California Consumer Privacy Act of 2018, as well as for commercial misappropriation, unjust enrichment, and violation of the Illinois Biometric Information Privacy Act.

“The result of Clearview’s technology is not a safer society by enabling law enforcement access to a broader database from which can lead to the capture of criminals,” claims the Clearview AI class action lawsuit.

A similar lawsuit was filed in January of this year by individuals who claim that Clearview was unlawfully collecting their personal information without getting consent.

Do you think your biometric information is being maintained by Clearview AI? Leave a message in the comments section below.

The plaintiffs are represented by Amber L. Eck, Alreen Haeggquist, Aaron Olsen, and Ian Pike of Haeggquist & Eck LLP

The Clearview AI Class Action Lawsuit is Burke, et al. v. Clearview AI Inc., et al., Case No. 3:20-cv-00370, in the U.S. District Court for the Southern District of California.

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