Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

Corporate gatekeepers and big tech monopolists are making it more difficult than ever for independent media to survive. Please chip in today.

Critics of facial recognition technology note that it is less effective in identifying women and minorities. (Photo: Violeta Stoimenova/Getty Images)

Various facial recognition technologies have been proven less accurate in identifying women and people of color. (Photo: Violeta Stoimenova/Getty Images) 

Activists and Rights Groups Sue Clearview AI, Warning 'We Won't Be Safe' Until Facial Recognition Firm Is Gone

"There can be no meaningful privacy in a society with Clearview AI," said lead attorney Sejal Zota.

Brett Wilkins

A group of civil liberties advocates and immigrant rights organizations on Tuesday sued Clearview AI in a Northern California court, alleging that the controversial facial recognition company illegally "scraped," or obtained, photos for its database and that its "mass surveillance technology disproportionately harms immigrants and communites of color." 

"Thousands of local police officers and federal agents, including ICE agents, can pull up Clearview on their phones, take your photo, and know everything about you."
—Jacinta Gonzalez, Mijente

Mijente, NorCal Resist, and five activists filed the suit (pdf) in Alameda County Superior Court in an attempt to stop the New York-based company from collecting data in California and to compel it to delete personal images and data already scraped from social media sites and stored in its database of over three billion photos.

The lawsuit claims the company's artificial intelligence software is being used by federal and state law enforcement agencies to identify people, in contravention of state and local statutes. In 2019, California became the third state after Oregon and New Hampshire to prohibit law enforcement use of facial recognition and other biometric tracking technology in officer body cameras. 

In recent years, several California municipalities including San Francisco, Oakland, and Berkeley have also passed laws banning or limiting police and other city agencies from using facial recognition technology. San Francisco's ban is being tested in a lawsuit filed by the Electronic Frontier Foundation, the ACLU of Northern California, and local activists, who allege they were illegally surveilled at last year's Black Lives Matter protests. 

"Privacy is enshrined in the California constitution, ensuring all Californians can lead their lives without the fear of surveillance and monitoring," Sejal Zota, a lead attorney in the new suit, said in a statement. "Clearview AI upends this dynamic, making it impossible to walk down the street without fear your likeness can be captured, stored indefinitely by the company, and used against you any time in the future. There can be no meaningful privacy in a society with Clearview AI."

In an interview with CNN Business, Zota called Clearview AI's technology "a terrifying leap toward a mass surveillance state where people's movements are tracked the moment they leave their homes."


The plaintiffs argue that minorities are especially at risk of rights violations, with the lawsuit noting that "facial recognition algorithms have repeatedly been shown to perform poorly when examining the faces of people of color."

"Consequently, facial recognition technology has a far greater risk of misidentifying people of color," it states. 

 "Facial recognition technology has a far greater risk of misidentifying people of color."

Jacinta Gonzalez, a senior organizer at Mijente, said in a statement that "thousands of local police officers and federal agents, including ICE [Immigration and Customs Enforcement] agents, can pull up Clearview on their phones, take your photo, and know everything about you—whether you're at a protest, on the subway, or on the side of the road. This is going to be used to surveil us, arrest us, and in some cases deport us."

Clearview AI has been denounced around the world, with the European Union last year asserting that the company likely violates its privacy laws and Canada's privacy commissioner last month condemning the firm's use of "scraped" biometric data. 

In addition to privacy concerns, the company has also come under fire for ties to far-right individuals in the U.S.

Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.

Wall Street-Funded Democrat PAC to Spend $1 Million in Bid to Unseat Tlaib: Report

"Imagine spending $1 million to oust Rashida Tlaib instead of organizing in Detroit to make sure Michigan goes blue," quipped one progressive group.

Brett Wilkins ·

Parents Demand Fossil Fuel Non-Proliferation Treaty 'For the Sake of the Children'

"We cannot remain silent as the fossil fuel industry and world leaders rob our children of a livable future," parents from 32 nations wrote in an open letter.

Brett Wilkins ·

'We Can Do Better' Than Biden's Paltry Student Debt Relief Plan, Says AOC

The president's approach, said the New York Democrat, is "just enough to anger the people against it *and* the people who need forgiveness the most."

Julia Conley ·

Right-Wing Supreme Court Poised to Make US Gun Carnage Even Worse

The U.S. Supreme Court's right-wing majority could soon "obliterate even the mildest of gun regulations in service of its gun lobby masters."

Kenny Stancil ·

'Enough Is Enough!': Thousands Protest Outside NRA Convention in Texas

"I'm just tired of the NRA subordinating children's rights for gun rights," said one gun lobby opponent just three days after the school massacre in Uvalde.

Brett Wilkins ·

Common Dreams Logo