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Instagram faces $500B in fines alleging it harvested biometric data

businessinsider.com

71–80 of 112 posts

Re: Instagram faces $500B in fines alleging it harvested biometric data

#71
post #55

Earlier quoted context omitted.

Instagram does do facial recognition, they are just not doing it for your benefit, or showing you the results.

> Instagram does do facial recognition I wouldn't be at all surprised if it's true, but still...do you have a source for that claim?

How do you think the "tag so-and-so in this picture" feature works?

Re: Instagram faces $500B in fines alleging it harvested biometric data

#72
post #63

> the tool automatically scans the faces of people pictured in other users' posts, even if they don't use Instagram and didn't agree to the terms of service. This suggests to me that the number of people affected is much more than the 100 million Instagram users, and the potential fine much higher.

> scans the faces of people pictured in other users' posts Why is this wrong? You're just scanning a bunch of pixels, and the data was given to you, so any liability or violation of use of someone's likeness is on the person who gave you the data. Autonomous cars scan the poses and faces of people even if they didn't agree to any ToS, to try to determine what those people are about to do based on their physical expre…

People are tripping over the reductive part of your post, but ignoring what is the strongest argument:

> so any liability or violation of use of someone's likeness is on the person who gave you the data.

That's what I feel too. Presumably, by uploading a picture to FB you are giving your consent for it to be processed however their terms outline. And representing that you have the consent of others in the photo too. Otherwise, what are you doing uploading the photo, if you do not agree with the terms by which it will be used?

The liability for irresponsibly handling someone else's biometric data (per BIPA) to me makes more sense to pin on the person who actually uploaded the data to a known data processing application, rather than blaming the tool.

I gather that that's not a popular opinion here though, and the Illinois law is written in a way that it targets the corporation that winds up with the data.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#73
post #41

Earlier quoted context omitted.

No FB user here. Is it possible to get myself labeled on FB-posted photos with my full name by some FB user?

I’m not a user and never have been. People have tagged me many tines.

I'm not a user, have been a user for about 5 minutes. People have never tagged me on FB as far as I'm aware of. If someone did I'd be quite pissed off. To the best of my knowledge there are only two pictures of me online and both are well over a decade old.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#74
post #21

Earlier quoted context omitted.

You can’t effectively punish a company, especially not a company the size of Facebook. But if individuals go to prison for their actions, people will be more careful how they act.

Corporate death penalty.

I wished that was meted out as a punishment much more often than it is done today. It is a very powerful message to send: these execs are not bankable because they caused all of their shareholders to lose money.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#75
post #69
post #62

Earlier quoted context omitted.

> my data is still gone How exactly is your data "gone"?

If you reveal one of your secret, you no longer have a secret. Private data is the same, it's not private anymore when public, it lost its value.

You chose to show your face in a public place. You have no expectation of privacy. The value was already lost.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#76

> the tool automatically scans the faces of people pictured in other users' posts, even if they don't use Instagram and didn't agree to the terms of service. This suggests to me that the number of people affected is much more than the 100 million Instagram users, and the potential fine much higher.

Since this is an Illinois state law, would the number be limited to people who have used Instagram while in Illinois?

Re: Instagram faces $500B in fines alleging it harvested biometric data

#77

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."

$500B is pretty nuts. Does anyone else here feel that this whole thing is nuts?

Facebook's market cap is $700B. Making them pay $500B in damages would put them out of business. So, to be clear with what we're talking about here, we're considering the corporate death penalty.

The alleged crime? Processing photo data to find objects that look like people that look similar to other objects that look like people. Yes, by the letter of the law, that's against BIPA (which is a problematic law motivated by a historically anti-tech cash-grabby legislature (see: Netflix Tax)), but what are the actual damages to the injured party? It is a tall order to convince me that having your name pop up as a recommended tag in your friend's photo caused you any material harm, let alone $1000+ per incident.

I get that there's a privacy angle, I get that PII is toxic, I get that we care about data protection and all now. But this? This is a dumb law, and a dumb lawsuit.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#78
post #35
post #31

Earlier quoted context omitted.

Corporations are "people" when it comes to their thirst for massive political influence, but just when they get into legal trouble, they are suddenly NOT a person, but a vague multi-layered blob, impossible to prosecute.

I think you're a little confused... > but just when they get into legal trouble, they are suddenly NOT a person, but a vague multi-layered blob, impossible to prosecute. This is exactly why corporations are legally people. We can prosecute the whole blob instead of trying to assign blame to individuals. To see how this works, take a look at People v Rochester Ry. Light co (NY 1909)[1]. A corporation killed someone th…

> I think you're a little confused...

FWIW starting a conversation that way is going to put people in a defensive mindset and make them less likely to properly consider what you have to say.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#79

Earlier quoted context omitted.

I’m not a user and never have been. People have tagged me many tines.

I'm not a user, have been a user for about 5 minutes. People have never tagged me on FB as far as I'm aware of. If someone did I'd be quite pissed off. To the best of my knowledge there are only two pictures of me online and both are well over a decade old.

You would be surprised with the amount of group class photos that get uploaded. If you have attended public school where they sold class pictures you are probably already classified.

Re: Instagram faces $500B in fines alleging it harvested biometric data

#80
post #57

They need to make people responsible, not the corporate entity.

Who? The lawyers who signed off on it? The PMs or engineers who followed the legal advice?

PMs as they are responsible. Go after the lawyers licease if you will.
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