B or M?
> "Under the Illinois law, Facebook could be forced to pay $1,000 to $5,000 per violation, meaning the full damages could reach $500 billion if Facebook is found responsible."
Instagram faces $500B in fines alleging it harvested biometric data
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Re: Instagram faces $500B in fines alleging it harvested biometric data
#12Today I learned: the idea that a corporation can commit a crime is a very new one. [1]
People commit crimes, not companies.
[1] William Blackstone, Commentaries on the Laws of England 464 (1765) (“A corporation cannot commit treason or felony or other crime in its corporate capacity though it’s members may in their distinct individual capacities.”)
Re: Instagram faces $500B in fines alleging it harvested biometric data
#13This sounds almost like the previous lawsuit (mentioned in the article) that was settled by Facebook for $650 million, which was concerning Facebook’s use of facial recognition, wasn’t noticed by the lawyers of this case. The best they can hope for would be one more settlement that will be a tiny fraction of a percentage of the $500 billion ask. Hopefully they have strong evidence against Facebook’s statement that In…
The judge hasn't allowed the settlement yet, and it is not clear that he will allow it. He rejected the original $550 million
https://www.courthousenews.com/judge-wont-sign-off-on-550m-f...
> “The Illinois Legislature said this is meant to be an expensive violation,” U.S. District Judge James Donato said during a preliminary settlement approval hearing held via video Thursday.
> The Illinois statute carries civil penalties of $1,000 for each negligent violation and $5,000 for each knowing violation. With a class of millions of Facebook users who had photos of themselves uploaded in Illinois, damages could have reached tens of billions of dollars.
> Donato demanded lawyers for Facebook and the plaintiff class explain why the higher damages amount of $5,000 per violation was taken off the table.
> Last year, Facebook paid a $5 billion fine to the Federal Trade Commission to settle claims that it violated a 2012 FTC order by allegedly deceiving users about their ability to control private information. Donato said that settlement could provide adequate evidence to support a push for higher damages.
> “It looks to me that what Facebook did to violate the BIPA may also have been a violation of that prior FTC consent decree, in which case you have a pretty good argument that this is an intentional or reckless violation of BIPA that would warrant $5,000,” Donato said.
Re: Instagram faces $500B in fines alleging it harvested biometric data
#14Where do those fines go?
> Where do those fines go? They aren't fines. They are damages and go to the people affected. In the case of the $650 million proposed settlement for Facebook proper (The judge in the case already rejected a $550 million settlement agreement as "far too little"), all Illinois Facebook users would get a check for $1000+ By the way, this article is really poorly written. The $5000 * 100 million users is not the way it…
Given it is class action suit, I would say the lawyers make most of the money and the people who have the standing to sue will get nowhere close to $1,000 .
Re: Instagram faces $500B in fines alleging it harvested biometric data
#15They need to make people responsible, not the corporate entity.
Re: Instagram faces $500B in fines alleging it harvested biometric data
#16There are 100 million Instagram users in Illinois’ jurisdiction?
There are 100 million Instagram users in Illinois’ jurisdiction?
At this moment, no.
During the time that this law was in effect, easily.
Though I no longer live in Illinois, I am probably one of the people covered by this lawsuit.
50 million tourists visit Chicago each year. They're probably covered.
104 million people travel through ORD and MDW airports each year. They're probably covered.
Probably another dozen or two million people travel to or through Illinois each year on business. They're probably covered.
It adds up.
Re: Instagram faces $500B in fines alleging it harvested biometric data
#17They need to make people responsible, not the corporate entity.
Why? The company profited from the crime. That would create some interesting incentives.
Re: Instagram faces $500B in fines alleging it harvested biometric data
#18Instagram doesn't do facial recognition though, so this seems pretty baseless.
Re: Instagram faces $500B in fines alleging it harvested biometric data
#19$500 billion? Reminds me of this: Minnesota woman to pay $220,000 fine for 24 illegally downloaded songs - https://www.theguardian.com/technology/2012/sep/11/minnesota...
Re: Instagram faces $500B in fines alleging it harvested biometric data
#20They need to make people responsible, not the corporate entity.
Why? The company profited from the crime. That would create some interesting incentives.
Because people will think twice before breaking the law if they can be personally held responsible and potentially even go to jail.