News and Analysis of Artificial Intelligence Technology Legal Issues

Distributed Artificial Intelligence Systems, Edge Computing, and the Extraterritoriality Doctrine: Testing the Reach of State Privacy Laws

In Patel v. Facebook, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit affirmed a decision by the U.S. District Court for the Northern District of California granting class certification to users of Facebook who alleged that Facebook’s collecting and storing of their face scans using facial recognition technology violated Illinois’s Biometric Information Privacy Act (“BIPA”). In doing so, the panel, based in San Francisco, relied on BIPA’s legislative history to conclude that, “it is reasonable to infer that the [Illinois] General Assembly contemplated BIPA’s application to individuals who are located in Illinois, even if some…

In Your Face Artificial Intelligence: Regulating the Collection and Use of Face Data (Part II)

The technologies behind “face data” collection, detection, recognition, and affect (emotion) analysis were previously summarized. Use cases for face data, and reported concerns about the proliferation of face data collection efforts and instances of face data misuse were also briefly discussed. In this follow-on post, a proposed “face data” definition is explored from a governance perspective, with the purpose of providing more certainty as to when heightened requirements ought to be imposed on those involved in face data collection, storage, and use.  This proposal is motivated in part by the increased risk of identity theft and other instances of misuse…