ACLU v. Clearview AI, Inc.
Summary of Facts and Activity to Date
The plaintiffs filed this class action against Clearview for violating plaintiffs’ rights under BIPA by collecting images and data without their knowledge, “much less the consent” of the plaintiffs, then storing the data. The complaint requested injunctive relief against Clearview for collecting face prints from photographs online, compiling those into a database, and keeping links of where they got the images. The crux of the issue is that Clearview has not attempted to inform or obtain consent from the people it is collecting data on.
The next issue is Clearview’s clientele: it offered billionaires, individual police officers without the agency’s knowledge, and multiple major retail chains. Clearview “voluntarily” ended all accounts of all non-government users and all Illinois entities in an attempt to avoid jurisdiction. Clearview filed its motion to dismiss on October 7, 2020, arguing:
- Clearview is not subject to jurisdiction in Illinois because it ended all of its conduct in Illinois, alternatively suggests it collects photos from NY,
- BIPA does not regulate out-of-state conduct,
- Clearview is protected under the First Amendment, and
- Even if Clearview was subject to BIPA, BIPA does not regulate photographs.
Plaintiffs filed a surreply on January 5, 2021, stating:
- BIPA is not a direct regulation of speech,
- BIPA is not subject to strict scrutiny, and
- BIPA survives intermediate scrutiny.
On May 11, 2022, the court signed a consent order ending the case.
Summary of Significance
Under the terms of the settlement, Clearview is banned from making its faceprint database available to most businesses and other private entities nationwide. Clearview is also barred from selling access to its database to any entity in Illinois, including state and local police, for five years. Clearview must also allow Illinois residents to block their facial data from Clearview’s Database. Clearview still has the ability to contract with other state governments and the federal government, and any other contractor engaged in authorized support of a government agency.
Area of Application
Facial Recognition
Jurisdiction Filed
Ill. Cir. Ct.
Causes of Action / Defenses
BIPA
Issues
Privacy
Status / Disposition
Closed (Settlement)
Algorithm Name
Clearview
Date Added
2/15/2021
Class Action
No
Most Recent Activity
Court signed consent order ending case on May 11, 2022
Dockets
Cook County Illinois – 2020CH04353