News and Analysis of Artificial Intelligence Technology Legal Issues
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FTC Orders AI Company to Delete its Model Following Consumer Protection Law Violation

The nation’s consumer protection watchdog–the Federal Trade Commission (FTC)–took extraordinary law enforcement measures on January 11, 2021, after finding an artificial intelligence company had deceived customers about its data collection and use practices. In a first of its kind settlement involving facial recognition surveillance systems, the FTC ordered Everalbum, Inc., the now shuttered maker of the “Ever” photo album app and related website, to delete or destroy any machine learning and other models or algorithms developed in whole or in part using biometric information it unlawfully collected from users, along with the biometric data itself. In doing so, the agency…

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…