9th Circuit says users can sue Facebook over unlawful use of facial recognition
In an opinion by Judge Ikuta, the court “concludes that the development of a face template using facial-recognition technology without consent (as alleged here) invades an individual’s private affairs and concrete interests.” As the court explained, “the facial-recognition technology at issue here can obtain information that is ‘detailed, encyclopedic, and effortlessly compiled,’ which would be almost impossible without such technology.”Possessing a picture of someone's face is OK, but creating a model that represents that face is not OK if that model can be compared to another picture to categorize it.Possessing a picture of someones face is OK, and having a human create a mental model that represents that face is OK as well even if that can be compared to another picture to categorize it.The argument seems to center around how easy/hard or expensive/cheap the process is.