Clearview AI, a startup that operates a massive facial recognition database, has agreed to a nationwide ban prohibiting it from selling access to the technology to most private companies and private individuals.
The ban comes from a settlement Clearview AI reached with the American Civil Liberties Union and other advocacy groups. Back in 2020, the organizations sued Clearview AI on allegations the company’s facial recognition database violated a privacy law in Illinois that bars private entities from collecting biometric data on users without their consent.
Clearview AI’s own database — which is made up of 10 billion photos — was created by scrapping people’s images from news sites and social media profiles, without first asking for permission. In turn, the company has been selling access to the facial recognition database to law enforcement agencies as a way to help them identify suspected criminals and terrorists.
On Monday, the ACLU announced the settlement, calling it a major win for privacy advocates. However, it’s important to note Clearview AI already agreed to stop selling database access to private companies back in 2020 after it began facing a wave of class action lawsuits from consumers.
The settlement also allows Clearview AI to continue to sell database access to federal and state law enforcement agencies, although in Illinois the company has agreed to a five-year ban on selling the technology to state and local government entities.
The other exception is how Clearview AI can sell the database access to financial institutions, an area which isn’t covered by Illnois’s biometric privacy law. However, the company told The New York Times it had no plans to supply the database to any private companies outside government agencies for the time being.
As a result, the settlement changes little for Clearview AI, which is also calling the agreement a win for the company. “Clearview AI will make no changes to its current business model,” one of the company’s lawyers wrote in a statement. “It will continue to expand its business offerings in compliance with applicable law. And it will pay a small amount of money to cover advertising and fees, far less money than continued litigation would cost.”
In the same statement, the CEO of Clearview AI Hoan Ton-That also noted the settlement allows the company to sell its facial recognition algorithms to private companies, so long as the database of photos is not included.
Still, the ACLU is hoping the settlement encourages the US to adopt more regulations aimed at reining in the privacy risks from today’s facial recognition technologies.
“Other companies would be wise to take note, and other states should follow Illinois’ lead in enacting strong biometric privacy laws,” said Nathan Freed Wessler, an ACLU deputy director.
In Illinois, residents can also request Clearview AI pull their biometric information from appearing in the company’s facial recognition database by filling out a digital form and submitting a picture of themselves.