Clearview is not an ethical or well motivated company. It's not surprising they are attacking any institution who wants them to respect rights which are anathema to their business model. It's a quintessential Thiel company and I would be overjoyed if they went out of business.
Clearview AI challenges B.C. privacy watchdog order
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Re: Clearview AI challenges B.C. privacy watchdog order
#32It's dubious for Canada to claim worldwide jurisdiction over pictures of Canadians. These two requests, that Clearview "cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada" and "delete images and biometric facial arrays collected from individuals in Canada" sound like overreach.
Certainly, they can prevent Clearview from doing business inside Canada. Maybe even from accessing Canadian servers (though that would be tricky to implement and enforce). But from using images posted by Canadians to international platforms? Doubtful.
Re: Clearview AI challenges B.C. privacy watchdog order
#33If you cannot comply with Canadian laws, you cannot sell to, or operate in, Canada. I don't think Clearview AI has any employees in Canada, so what do they stand to gain from this lawsuit? Does that tiny startup have any customers of note there?
The Canadian Security Intelligence Service (CSIS) is almost certainly a customer (though no-one will ever admit it).
They could be the ones pushing Clearview to fight this in Canadian court.
Re: Clearview AI challenges B.C. privacy watchdog order
#34It's dubious for Canada to claim worldwide jurisdiction over pictures of Canadians. These two requests, that Clearview "cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada" and "delete images and biometric facial arrays collected from individuals in Canada" sound like overreach. Certainly, they can prevent Clearview from doing business inside Canada. Maybe ev…
Not that Clearview isn't disgusting, but they do seem to be in the right here.
Re: Clearview AI challenges B.C. privacy watchdog order
#35Earlier quoted context omitted.
> We've created a mess of legal jurisdiction and geography that is difficult to reconcile with globally distributed systems. It's easy to reconcile. If you want to operate in a jurisdiction, you are subject to that jurisdiction's laws, and legal injunctions. This is a very basic thing, on the level that a school-child can understand it. Just because you're operating using computers doesn't change a damn thing. When a…
> If you want to operate in a jurisdiction What defines "operating"? Does it mean you are physically based there? Your infrastructure being there? Your company registration? Your bank account? Etc. Back in the day these weren't problems in practice; for physical goods/services you typically were based in a single jurisdiction. If exporting goods, customs take care of it. The internet has no "customs" equivalent thoug…
Using a EU-citizen's picture for marketing purposes without their consent, if the picture was taken someplace where this is legal, sure.
But that same picture should then not be used for that purpose in the EU where it's illegal.
It's not dissimilar to how public drinking in The Netherlands would get me drunk, but doing the same in Saudi Arabia gets me 100 lashes.
Re: Clearview AI challenges B.C. privacy watchdog order
#36> The commissioners found Clearview scraped images of faces and associated data from publicly accessible online sources (including social media) and stored it in its database. > What the commissioners recommended was that Clearview: > • cease offering facial recognition services to Canadian clients; > • cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada, and…
>Clearview claims that they have stopped selling to Canadian clients but they don't know where the people in the images are from. Probably true if they're just scraping images, but their argument seems to be "innocence by ignorance".
This part of their defence is outright laughable. What's the point of having this sort of database without the associated metadata?
Re: Clearview AI challenges B.C. privacy watchdog order
#37It's dubious for Canada to claim worldwide jurisdiction over pictures of Canadians. These two requests, that Clearview "cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada" and "delete images and biometric facial arrays collected from individuals in Canada" sound like overreach. Certainly, they can prevent Clearview from doing business inside Canada. Maybe ev…
Its not that different from how eu claims that gdpr applies to all european citizens even if living abroad.
Re: Clearview AI challenges B.C. privacy watchdog order
#38I would love clearview's business model and models like it to be illegal. All sorts of internet businesses claim that they can't know the provenance of their data and therefore can't comply with certain laws. They then argue that that means they shouldn't have to comply. It really should go the other way: if you can't comply, then your business is illegal.
Re: Clearview AI challenges B.C. privacy watchdog order
#39It's dubious for Canada to claim worldwide jurisdiction over pictures of Canadians. These two requests, that Clearview "cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada" and "delete images and biometric facial arrays collected from individuals in Canada" sound like overreach. Certainly, they can prevent Clearview from doing business inside Canada. Maybe ev…
They aren't claiming worldwide jurisdiction, right? That would be like them saying they'll force clearview to stop business in the US.
Re: Clearview AI challenges B.C. privacy watchdog order
#40It's dubious for Canada to claim worldwide jurisdiction over pictures of Canadians. These two requests, that Clearview "cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada" and "delete images and biometric facial arrays collected from individuals in Canada" sound like overreach. Certainly, they can prevent Clearview from doing business inside Canada. Maybe ev…
Its not that different from how eu claims that gdpr applies to all european citizens even if living abroad.
Also of highly dubious legality. Would be interesting to see what would happen if an EU member state pursued damages on that angle and then tried to enforce the judgment in a US court. I would expect a US court would refuse to give it effect due to the other country exceeding the appropriate exercise of jurisdiction under international law.