News and Analysis of Artificial Intelligence Technology Legal Issues

California Jury to Decide if Facebook’s Deep Learning Facial Recognition Creates Regulated Biometric Information

Following a recent decision issued by Judge James Donato of the U.S. District Court for the Northern District of California, a jury to be convened in San Francisco in July will decide whether a Facebook artificial intelligence technology creates regulated “biometric information” under Illinois’ Biometric Information Privacy Act (BIPA).  In some respects, the jury’s decision could reflect general sentiment toward AI during a time when vocal opponents of AI have been widely covered in the media.  The outcome could also affect how US companies, already impacted by Europe’s General Data Protection Regulation (GDPR), view their use of AI technologies to…