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AI Canada Businesses United States

Clearview AI Violated Canadian Privacy Law (www.cbc.ca) 53

sinij shares a report from CBC.ca: American technology firm Clearview AI violated Canadian privacy laws by collecting photos of Canadians without their knowledge or consent, an investigation by four of Canada's privacy commissioners has found. The report found that Clearview's technology created a significant risk to individuals by allowing law enforcement and companies to match photos against its database of more than three billion images, including Canadians and children.

The commissioners called for Clearview to stop offering its technology in Canada, stop collecting images of Canadians and to delete the photos of Canadians it had already collected in its database. If the company refuses to follow the recommendations, the four privacy commissioners will "pursue other actions available under their respective acts to bring Clearview into compliance with Canadian laws," the statement said. However, the four acknowledged that under current laws, and even under proposed changes to federal privacy laws, their ability to penalize the company or force it to comply with Canadian orders is limited.
"What Clearview does, is mass surveillance and it is illegal," federal privacy commissioner Daniel Therrien told reporters Wednesday. "It is an affront to individuals' privacy rights and inflicts broad based harm on all members of society who find themselves continually in a police lineup." "This is completely unacceptable."
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Clearview AI Violated Canadian Privacy Law

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  • by torkus ( 1133985 ) on Wednesday February 03, 2021 @09:08PM (#61025676)

    ... where mass surveillance in the name of 'safety' is just par for the course. And hey, another big business profiting off the backs (well, faces) of everyone once again. Oh, and once again, to their general detriment. But who's counting anyhow?

    • by sinij ( 911942 ) on Wednesday February 03, 2021 @09:50PM (#61025788)
      Don't be so hard on USA, North Korea also doing it.
      • Don't be so hard on USA, North Korea also doing it.

        It's probably worse in the US that can afford better tech tools.

    • by c-A-d ( 77980 )

      London, UK, is really bad. There's a camera on every corner.

      • London, UK, is really bad. There's a camera on every corner.

        Only one per corner? You've only got the Orwellian Starter Kit, and you think it's "bad" already.

        Mere childs play.

    • by Gravis Zero ( 934156 ) on Wednesday February 03, 2021 @10:21PM (#61025848)

      ... where mass surveillance in the name of 'safety' is just par for the course.

      It's not done for safety at all. Seriously, it's 100% profit-driven.

      • Profit

        Eeew! Are we allowed to say icky words like that in our comments!?!

        • Nobody has ever taken issue with people making a profit. People have only taken issue with people making a profit at the expense of others. The reason for this is called "empathy" which is something that people like you always are always in short supply.

    • consider.
      it is not machines that are at fault.
      it is not businesses that are at fault.
      it is people.
      follow the money

    • by khchung ( 462899 )

      ... where mass surveillance in the name of 'safety' is just par for the course.

      This comment is so hilarious in the current climate of "everything China does is wrong and US will do the opposite" sentiment pervasive in the US.

      You know which country is huge on mass surveillance in the name of safety? China.

      The funny thing is, they actually succeeded. China put cameras in all train/subway stations, airports, public areas, etc, and all the robbery/pick pocket/etc so common 10-20 years ago were ALL GONE. Around 15+ years ago, if your company has an office in China, it was so easy to hea

      • Then again, of course they would report that it works. Otherwise they would lose one of the publicly valid reasons to have the surveillance, only leaving the authoritarian reasons.

        • by khchung ( 462899 )

          Then again, of course they would report that it works. Otherwise they would lose one of the publicly valid reasons to have the surveillance, only leaving the authoritarian reasons.

          Do you also accuse anyone who got a better score than you school that they cheated? It must feel good to say anyone else must have cheated to best you, it makes you feel invincible and no need to do any better.

          As I mentioned in my original post, anyone who actually worked with anyone in China can easily verify that crimes like robbery or pickpocket was a problem 15 years ago, and is now no longer.

          Sure, don't believe me, don't go out to look for facts and continue to enjoy living in your bubble.

      • >"You know which country is huge on mass surveillance in the name of safety? China. The funny thing is, they actually succeeded. "

        It is neither funny nor good, however, just obvious.

        It is easy to have tons of "safety" by monitoring and policing and suppressing everything everyone does. When there is no freedom, there is great safety. Safety and freedom are diametrically opposed. I would rather be a little unsafe and have freedom, especially when I am empowered to defend myself... yet another freedom.

        • by khchung ( 462899 )

          It is easy to have tons of "safety" by monitoring and policing and suppressing everything everyone does.

          The funny part is the US is putting up tons of cameras with little to show in terms of crime rate reduction, the crime rate was basically flat since 2000, and it is almost 10x that of China (4.96 vs 0.53).

          https://www.macrotrends.net/co... [macrotrends.net]

          One excuse was that the US police cannot (by law) to use camera footages to catch criminals (which begs the question of what the cameras were for), furthermore that excuse is not untenable thanks to the 06Jan riots where there was suddenly no problem with using any availabl

      • by Socguy ( 933973 )
        And all it cost was an automated system of social ranking where if a computer sees you too close to someone they don't like you go on a list preventing you from having a job or buying a bus pass.
    • ... where mass surveillance in the name of 'safety' is just par for the course. And hey, another big business profiting off the backs (well, faces) of everyone once again. Oh, and once again, to their general detriment. But who's counting anyhow?

      Ah, to be clear, Americans probably didn't have a damn clue when they clicked "I Agree" on the EULA for this.

      • To be fair however most of them have no intention of complying with whatever they agreed to so they got that going for them, which is nice.

    • I find privacy just weird as a Canadian.
      Do I want the government or anyone performing mass surveillance? No.

      Yet, I really don't understand modern views on proportionality. Our handling of Covid really twists my brain in knots.

      The government of Canada is willing to do all kinds of emergency measures including curfews, shutting down society, preventing you from seeing friends and family... all massive violations of personal freedom.

      I'm not saying it wasn't needed/ That's for everyone to debate. But here's the

    • In what way is looking at public photos "mass surveillance"? Is recognizing someone from a photo somehow a form of "mass surveillance"? Is that the one and only purpose of Clearview's work, or are you saying hammers should be banned because they can be misused to commit murder?
      • by dryeo ( 100693 )

        We as a country have decided that privacy is an important right. Constitutionally it follows from the right to be free from unreasonable searches, basically our equivalent of America's 4th amendment.
        Why should the cops be able to bypass the courts by contracting a private company? Why do you think that if something is publicly available, that you can do what you want with it?
        I note that Americans got upset about lists of gun owners being published and in America, if you find some copyrighted material on the

  • Seems like they would have also violated copyright laws in the wholesale downloading, storing and processing of images.
    • by Sebby ( 238625 )

      Seems like they would have also violated copyright laws in the wholesale downloading, storing and processing of images.

      No doubt they'll claim that "it was publicly available, so it's all fair [for any] use [,man!]".

      However, it could probably be countered that they profited from the use of those images, so claims for copyright infringement might stick.

      • by dryeo ( 100693 )

        Canada doesn't have fair use, instead we have fair dealing, similar but different. I believe we also hold the rights to our images.

  • FTFS: "...including Canadians and children." If you are feeling chivalrous during a ship's sinking, no more worrying about which pronouns an imminent victim uses! "Canadians and children first!"
  • Soon coming to a former democracy you used to call your country.
  • Real time defamation. "Watchlisting as a service" and a "full range of biometric surveillance". For a small fee, you too can violate the constitutional rights of any individual you wish to target.
  • As I just passed through an airport on Sunday where I saw scanners from Clear, I thought at first this article was about them. I wonder how that company will do if travel numbers stay this low much longer? I went through the regular TSA line (without even TSA precheck) in the same amount of time as the passengers with Clear.
  • Sickens me to read that the Canadian privacy commissioners can't do squat to punish companies who do this. What the hell is the point if all they can do is raise a flag that bad stuff is going on but not stop said bad stuff?
    • It sickens you that a panel of bureaucrats can't supplant due process and punish people it alone decides are guilty of breaking the law? Or were you just unaware of the fact that these commissions are just a farce setup by politicians who don't actually want to do anything, they just want to make it look like they're doing something?

      Besides, if you read the article you'll see that the company has a pretty good argument - "Clearview AI's technology is not available in Canada and it does not operate in Can

      • by dryeo ( 100693 )

        Well, ideally they'd bring charges so that due process would happen and the big problem seems to be selling the data to the police so they can bypass the courts oversight.
        It's true that due to lack of presence in Canada, we can't do much, though we could play American and bust any of their executives who happen to stop in Canada.

  • by sabbede ( 2678435 ) on Thursday February 04, 2021 @10:39AM (#61027152)
    First off, scraping public websites for photos is not "surveillance". It isn't monitoring or active observation, it's just pictures of the past. They could be used to facilitate surveillance, but that's not the same thing.

    You don't punish someone because it is possible for their work to be misused. That is an injustice. The just course of action is to apply specific rules prohibiting specific forms of misuse. Don't tell Clearview they can't look at public photos, define the limits on how the trained systems can be used. If you don't want cops to be able to track people as they move around, say that. If you don't want businesses tracking people, say that. But maybe you want to have the option for law enforcement to have help identifying someone who is on video committing a crime. There's nothing inherently wrong with that, just make rules that restrict the ability to do so and say that a computer match alone is not sufficient to arrest someone.

    In other words - don't punish the toolmaker, define how the tool can not be used.

    And do so through the legislative process. Don't give the power to bureaucrats, the elected representatives of the people must make the rules.

    • by dryeo ( 100693 )

      Why should Clearview be able to monetize my image without my permission?

      • Because you told the entire world they could when you posted it on Facebook. You might not have told them they could sell copies of it, but you did say they can look at it.

        In other words, making it public was you granting them permission.

        • by dryeo ( 100693 )

          I've never posted my image anywhere on the internet. Doesn't mean someone hasn't though and I still own the rights to my image. If someone posts a movie to Facebook or YouTube, does that mean I'm free to use it? They made it public. Used to sit outside the drive in and watch movies too, since I could see it in public, I guess I could have made a copy.

  • Great idea, going after Clearview. I'm all for it!

    May I ask: where are you at with Google, Microsoft, Amazon Facebook, Akamai and CloudFlare?

  • Its company who deployed it that did that.
  • by LostOne ( 51301 ) on Thursday February 04, 2021 @12:21PM (#61027640) Homepage

    Clearview asserts that they are not bound by Canadian law because they don't have "substantial connections" to Canada. They have a point and any judgement that might be obtained against them is likely to have no direct consequences for them. However, it does have consequences for potential customers located in or otherwise subject to Canadian law. And that is probably the point of this "action".

    They also allege that obtaining photos from public sources isn't surveillance or a privacy issue. They probably have a point there, too. There are, however, other potential issues with doing that. (Copyright, perhaps? Especially if they actually distribute the photos to anyone.)

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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