District Court in Seattle, but recent filings add new claims, based in part on depositions and documents turned over by the companies in the process of discovery. New allegations: Both lawsuits were filed in July 2020 in U.S. The plaintiffs counter that the law applies anyway, because they live in the state.Īlthough the photos were uploaded under Creative Commons licenses, lawyers for the plaintiffs say they used versions of the license that prohibited commercial use and required attribution to the source of the images. Larger implications: The suits illustrate a series of broader issues facing the tech industry and society, including the lack of a national privacy law in the United States the tradeoffs inherent to developing accurate artificial intelligence models and the blurring of jurisdictional lines due to the rise of cloud computing.Įven if they had used the data, Amazon and Microsoft claim, they aren’t subject to Illinois privacy law, because the evidence hasn’t established that the data was downloaded and stored on any servers in the state. But the plaintiffs, two Chicago-area men who uploaded thousands of photos to their Flickr accounts under Creative Commons licenses, say the evidence shows Microsoft and Amazon wrongly used their images without written notice and consent, violating their rights under the Illinois Biometric Information Privacy Act.Īnd it wasn’t just them, they allege: the lawsuits seek class-action status, proposing to represent thousands of people whose pictures were included in the database without their knowledge.
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