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Home Depot sued for 'secretly' using facial recognition at self-checkouts

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Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#591
post #433

Earlier quoted context omitted.

You are a human and a human is by definition an animal. Yet I don't call you an animal. Your word choice isn't neutral; it leaks information about you.

Child rapists and serial killers are also "my fellow man", yet we seem inclined as a society to assign labels ("criminal") and punishment for such actions.

You realise you're not disagreeing with me, yes?

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#592
post #3

The green box around his face in the image is evidence that it detected a face, but not that it had collected or stored identifying biometrics. It would be legal for a POS device to detect any face, e.g. to help decide when to reset for the next customer. But as I understand it, this would usually be enough to trigger discovery, where he could learn the necessary technical details. Even if this suit fails, the store…

How does one find out whether Home Depot is merely detecting faces or storing biometrics? Answer: File a lawsuit and use discovery to find out.

this means you're guilty until proven otherwise, does it not?

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#593
post #585

Earlier quoted context omitted.

Shopkeeper’s privilege exists as long-standing common law doctrine for a reason. No business should be forced to tolerate theft, or be forced to pay off-duty police officers to prevent it. And no one is compelled to be a security guard; if the risks and pay don’t align, they’re free to walk away.

I had never heard of 'shopkeeper's privilege' but looked it up [1] and yes, seems to be a real thing in the United States and nowhere else, according to a quick scan of that wiki article. More evidence to me that the US was set up to serve corporatist interests over pretty much everything (and everyone) else. Why else provide shopkeepers with some special legal status? (Which again, they don't have in any other count…

[deleted]

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#594
post #563

Earlier quoted context omitted.

> just let people steal with impunity until they decide the costs are too high, and they have to close the store entirely Has this actually happened? Or are the chain pharmacies using “shrinkage” as a scapegoat for other deficiencies? I find it incredibly hard to believe that retail theft puts an appreciable dent in profits.

I have a hard time imagining why they would close profitable stores otherwise. They’re generally not in the business of turning down profit.

The point isn't that businesses are closing profitable stores, but the stores are unprofitable for reasons other than shrinkage. You're being fed a narrative about crime. Why? Who benefits?

> Finally, corporate claims are not holding up to scrutiny, and are being used to close stores that are essential assets for many communities. For instance, the CEO of Walgreens has acknowledged that perhaps retailers “cried too much last year” and overspent on security measures that failed to reflect real needs. And although the National Retail Federation said that “organized retail crime” drove nearly half of all inventory losses in 2021, the group later retracted its claim; it now no longer attaches a dollar amount to money that is lost due to retail theft. And in memorable cases, major retailers have chosen to maintain stores with much higher rates of crime, while closing others.

https://www.brookings.edu/articles/retail-theft-in-us-cities...

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#595

Earlier quoted context omitted.

In the end though, unless they stop you and find the merchandise or have you on video with the stuff outside of the store, there's no proof you stole anything. It's circumstantial which is relatively weak. Plus, Walmart doesn't prosecute anybody. They hand the evidence over to the police and the the district attorney decides if they want to prosecute. Walmart can file a civil suit which I'm wondering if that's what t…

From much experience in this, I've never seen Walmart file a civil suit. They don't technically prosecute anyone, but in the county where I was witness to prosecutions for Walmart shop-lifting they were putting a lot of pressure on the DA office. They would bring a ton of muscle, investigators, attorneys, print outs, DVDs, etc. They would push their prosecutions hard when they wanted to.

If you are on video pushing a cart through the parking lot with the items clearly visible, that could be a pretty strong case.

If all they have is a dozen videos where it looks like you are shoving something in your pocket but no other hard evidence, that wouldn't go anywhere in court.

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#597
post #76

I'm pretty sick of misguided/enthusiastic Loss Prevention people, and these digital systems amplify their hijinks. The most conspicuous one recently was at one upscale grocery chain within the last year. There was what I took to be a dedicated LP person who seemed to be lurking behind the self-checkouts, to watch me specifically, and I stood there until he went away. Then, as I was checking out, this employee came up…

>an N95 is a good idea in a pharmacy on a college campus, where the Covid factories that are college students will go Did I just step into a time portal to 2022? Have you... been in a coma for the past several years? haha

My wife is diabetic, which means she is at higher risk from covid. My parents are old.

I have a duty to my family to protect them, and if that means wearing a mask to reduce my risk of getting covid, then their safety overrules my own comfort.

I have a duty to protect my fellow citizens. Some of them are also vulnerable to covid, though I don't know them personally.

The scientific proof of association between school (esp school start) and the spread of disease goes back over 100 years. I see no reason it would be different for covid, perhaps even stronger for covid where many college age people would be asymptomatic or low symtpoms.

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#598
post #591

Earlier quoted context omitted.

Child rapists and serial killers are also "my fellow man", yet we seem inclined as a society to assign labels ("criminal") and punishment for such actions.

You realise you're not disagreeing with me, yes?

I mean, feel free to respect child rapists, but they're a good bit different from the average "person", thus most would want to qualify that somehow

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#599

Earlier quoted context omitted.

How does one find out whether Home Depot is merely detecting faces or storing biometrics? Answer: File a lawsuit and use discovery to find out.

this means you're guilty until proven otherwise, does it not?

I'm pretty sure just like free speech, innocent until proven guilty is for the government/court, not a random person on the street. If you want to assume someone is guilty of something you are allowed to do so and you can sue too. Otherwise the prosecution would have to go to jail every time the defense wins.

Re: Home Depot sued for 'secretly' using facial recognition at self-checkouts

#600

Earlier quoted context omitted.

>Maybe we should have max enforcement in both? You can't, resources are limited. >Shoplifting and other merchandise loss has exploded. I don't know that that's true. Shoplifting was down in most cities compared to pre-pandemic levels. https://counciloncj.org/shoplifting-trends-what-you-need-to-...

>You can't, resources are limited. Regulatory authorities and courts enforce against wage theft. Shoplifting enforcement is mostly up to businesses. >Shoplifting was down in most cities compared to pre-pandemic levels. Shoplifting reports to police were down in some cities (albeit up in others), but that doesn't necessarily track the actual data. https://nrf.com/media-center/press-releases/shoplifting-inci...

No shoplifting enforcement is done through the courts and most importantly, the police. There is a huge difference here.

Courts incur costs between fees and lawyers, and even filing a report with the dept of labor (the typical recourse most people take at first) means you have to wait while you aren't being compensated for that time. Given wage theft in the majority of cases impacts people who can't often afford to go without those lost wages, this is a tough situation to be in, and even if you go through the labor department with a complaint, manage to get it reviewed in a timely manner (it typically takes months before hearing anything), you may still end up in court anyway depending on a number of factors.

You could sue for the lost wages directly, but again, this becomes an issue of cost, getting the case heard and tried in a timely manner etc. This could drag on for months to years, depending.

On the other hand, if a store sees someone shoplifting, they can and do call the police, and they can and will arrest someone for shoplifting. Its dealt with close to or during the incident occurring. Thats a really big difference in the feedback loop.

Imagine now, that you could call the police when you have a verifiable instance of wage theft, and the person(s) responsible was arrested and you given upfront restitution pending trial. That would be the equivalent of how we treat shoplifting vs wage theft. The differences are not minor, and I imagine they're intentional on behalf of lobbying from business groups.

If business owners or their subordinates were being arrested for wage theft I imagine things would change quickly, but there's such a lag time between actual accountability and the instance of it happening - and even when found guilty they simply pay the back wages plus penalties in the best case scenario, and thats if it gets to the point of either a lawsuit or arbitration on behalf of the labor department - that they have done the calculation that paying incorrect compensation (the most common form of wage theft) is overall costing them less than paying out labor disputes, as with anything that has hefty process attached to it without guaranteed results, it discourages the most vulnerable from engaging with that system even though they would benefit most.

They aren't equivalent, and its disingenuous to see them as such.

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