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"They've built a billion-dollar industry on stolen voices because they thought no one would make them pay for it," said a lawyer for the plaintiffs.
In yet another display of how Illinois' pioneering biometric privacy law can be used to protect Americans, state residents who work as audio storytellers, broadcast journalists, podcasters, voice actors, and more filed class-action lawsuits against Big Tech this week for "stealing their voices" to develop artificial intelligence products.
Since Illinois legislators passed the groundbreaking Biometric Information Privacy Act (BIPA) in 2008—regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers, including fingerprints, voiceprints, and scans of a retina, iris, hand, or face geometry—there have been thousands of lawsuits filed and major settlements with Clearview AI, Facebook, and Six Flags.
Represented by the award-winning civil rights firm Loevy + Loevy, the Illinoisans are suing Adobe, Alphabet and its subsidiary Google, Apple, Amazon, ElevenLabs, Facebook parent company Meta, Microsoft, NVIDIA, and Samsung under BIPA.
The plaintiffs are audiobook narrators Lindsay Dorcus and Victoria Nassif as well as journalists Robin Amer, Yohance Lacour, Carol Marin, and Phil Rogers. Journalist Alison Flowers is part of all lawsuits except those against Amazon and Apple. Their lawyers noted that "between them, they have multiple Emmy and Peabody awards, several Pulitzer Prizes, several Alfred I. duPont-Columbia University awards, an Edward R. Murrow award, a James Beard award, a SOVAS award, and many, many other honors."
Their cases focus on the voiceprint of each plaintiff, which is "a digital fingerprint of the human voice," as the complaints explain. "It is a mathematical capture of the acoustic features—pitch, timbre, resonance—that emerge from a person's distinctive physiology, combined with the speech patterns that person develops over a lifetime: accent, cadence, articulation. Like a fingerprint, a voiceprint identifies the individual. Like a fingerprint, it cannot be changed."
The Adobe case targets Firefly, the company's family of generative AI models. The complaint states that the company "treated the human voices that built Firefly as ownerless—ignoring the speakers' rights, taking their voiceprints without asking, paying them nothing, and giving them no notice that their voices were being used at all, and "built a mirage of commercial safety around products whose construction violated the one thing Illinois law requires before collecting a voiceprint: consent from the person."
The Google filing points out that the company "has been a repeat defendant in BIPA cases" and even "paid approximately $100
million to settle BIPA claims arising from Google Photos' face grouping feature," among other high-profile settlements.
The Meta suit highlights that "no defendant in any biometric-privacy matter pending in the United States has had more direct, more sustained, or more financially consequential notice of BIPA than Meta," given that the company "has paid the three largest biometric-privacy settlements in American history," including $650 million to resolve claims under the Illinois law regarding Facebook's photo tag suggestions.
"By the time Meta released Voicebox in June 2023, MMS in May 2023, and SeamlessM4T in August 2023, Meta had been a BIPA defendant for nearly a decade and had paid more than $2 billion in biometric-privacy settlements," the complaint continues. "The technology Meta built using plaintiffs' voices now competes with plaintiffs in the markets where they earn their living."
The Amazon filing details similar harm to plaintiffs:
Amazon extracted plaintiffs' voiceprints without notice or consent, depriving them of the right BIPA guarantees to make an informed decision about the collection and use of their biometric data. Amazon retains those voiceprints in its commercial models and continues to profit from them. Amazon has further disseminated those voiceprints, encoded in model parameters, through its cross-affiliate, subprocessor, and integration-partner networks. The technology built on those voiceprints now displaces plaintiffs in the markets where they earn their living—the broadcast journalism, investigative podcast, audiobook narration, voiceover, and voice performance markets that the voice products are designed and sold to serve.
"What we are seeing is an illegal and unethical exploitation of talent on a massive scale, and one of the largest violations of biometric privacy ever committed," said Loevy + Loevy attorney Ross Kimbarovsky in a Thursday statement.
"The legislators who wrote and passed BIPA had the foresight to realize that biometric privacy was going to be a major civil rights issue in the 21st century," the attorney continued. "Social security numbers can be changed, passwords can be reset, and credit cards can be canceled, but once your biometric data is compromised, there's nothing you can do about it."
"These companies know the law, know their liability, and know exactly how to build consent systems that comply with BIPA," Kimbarovsky added. "They've built a billion-dollar industry on stolen voices because they thought no one would make them pay for it."
In addition to Illinois, Texas and Washington state have enacted biometric privacy laws, while California, Colorado, Connecticut, Utah, and Virginia have comprehensive consumer protection policies that apply to such information, according to Bloomberg Law. However, efforts in Congress to enact federal legislation—such as the National Biometric Information Privacy Act and the Facial Recognition and Biometric Technology Moratorium Act—have been unsuccessful.
"Over and over again, the Trump administration is exposing private Social Security data," said one watchdog group who called the leak of personal information "a goldmine for identity thieves" and other fraudsters.
A newly reported failure of the Trump administration's ability to handle sensitive private information in the social programs it is tasked with operating triggered a fresh wave of anger over the weekend after it was revealed that healthcare providers' Social Security numbers were made public as part of a faulty Medicare portal rollout.
The Washington Post discovered the compromised database and alerted the administration last week, before publishing a story about it on Friday, after efforts had been made to protect the sensitive information from further compromise.
According to the Post:
The Centers for Medicare and Medicaid Services (CMS) last year created a directory to help seniors look up which doctors and medical providers accept which insurance plans, framing it as an overdue improvement and part of the Trump administration’s initiative to modernize health care technology.
But a publicly accessible database used to populate the directory contains some of the providers’ Social Security numbers, linked to their names and other identifying information. For at least several weeks, CMS made the database available for public use as part of its data transparency efforts.
While the reporting noted that the files were "not immediately visible to users who [visited] the provider directory," lawmakers and experts said the compromised information would be a treasure trove for fraudsters.
“The more we learn about how the Trump Administration handles the people’s most sensitive data, the clearer their incompetence becomes."
Critics pounced on the new reporting, calling it "yet another mess-up by the Team Trump" and only the latest evidence that the administration cannot and should not be trusted to protect the nation's most successful anti-poverty programs or the sensitive personal data of the American people who entrust the government with that information.
"Over and over again, the Trump administration is exposing private Social Security data," said Social Security Works, an advocacy group that serves as a public watchdog for the nation's social programs.
The compromised database, said the group, "is a goldmine for identity thieves, scammers, and foreign governments. And it is undermining the very foundation of our Social Security system."
"This is a failure by this administration," said Sen. Ruben Gallego (D-Ariz.) in response to the reporting. "Exposing Social Security numbers, whether patients or providers, is unacceptable."
Rep. Richard Neal (D-Mass.), the ranking member of the House committee that oversees the Medicare program, put the onus on his Republican colleagues in Congress.
“The more we learn about how the Trump Administration handles the people’s most sensitive data, the clearer their incompetence becomes,” Neal told the Post in a statement. “Do House Republicans need to see their own data exposed before they do right by their constituents and act?”
In March, as Common Dreams reported at the time, a whistleblower filed a complaint with the Social Security Administration accusing a former staffer with Trump's Department of Government Efficiency (DOGE), run for a time by right-wing billionaire Elon Musk, of trying to share information from SSA databases with his private employer.
Since the outset of Trump's second term, DOGE's meddling with Social Security and Trump's undermining of the program have been the source of deep anger and concerns among the program's defenders.
In a social media post on Saturday citing the whistleblower allegations from March, Rep. John Larson (D-Conn.) said, "For more than a year, 'DOGE' has been combing through the American people's records. They want to use your data to overturn elections and profit in the private sector. Enough! This administration must be held accountable for this massive data breach!
On Friday, responding to the Post's new reporting about the compromised database of physicians' private information, Larsen condemned Republicans for their ongoing and pervasive failures in the face of Trump's malfeasance and incompetence.
DOGE, said Larsen, "has been in your data for more than a year. We just learned that physicians' Social Security numbers were publicly exposed in an online portal launched by ‘DOGE’ officials."
"If this isn't enough for Republicans to act," he asked, "where will they draw the line?"
"Our bipartisan movement in defense of civil liberties is holding strong," a Demand Progress campaigner said after Congress passed a short-term extension to continue talks on a longer renewal.
Just a day after Democrats in the GOP-controlled US House of Representatives helped Republicans send a major spying bill to the Senate, despite warnings that it was dead on arrival there, both chambers on Thursday passed a 45-day extension to continue negotiations.
The Senate approved the stopgap bill for Section 702 of the Foreign Intelligence Surveillance Act (FISA)—which allows the federal government to spy on electronic communications of noncitizens located outside the United States without a warrant—by a voice vote. The House signed off with a 261-11 vote, just hours before a previous short-term extension was set to expire.
President Donald Trump and his homeland security adviser, Stephen Miller, have been demanding a "clean" extension of the program, while critical lawmakers from both parties and over 100 civil society groups have called for privacy reforms to protect Americans whose data is swept up in federal surveillance efforts.
Hajar Hammado, senior policy adviser at Demand Progress, one of the organizations leading reform calls, said in a Thursday statement that "intelligence agencies, the White House, and their allies in Congress have tried every trick in the book from fearmongering to misinformation, but they still can't get their warrantless FISA reauthorization across the finish line."
"The reason we keep ending up at this point is congressional leaders' refusal to allow votes on overwhelmingly popular, bipartisan reforms," she continued. "This 'my way or the highway' approach needs to stop."
According to Politico, US Senate Majority Leader John Thune (R-SD) told reporters on Thursday that he and House Speaker Mike Johnson (R-La.) discussed the short-term extension during a closed-door meeting the previous day.
"I think there's already a pretty substantial dialog going on" between key Democrats and Republicans in both chambers, Thune added. "We're interested in looking at some ways in which it can be reformed... So we're entertaining those ideas at the moment."
Hammado declared that "when Congress returns, Speaker Johnson and Leader Thune must allow votes on amendments for real privacy protections or we'll keep repeating this farce over and over again. Our bipartisan movement in defense of civil liberties is holding strong, and we won't accept anything less."
Sen. Ron Wyden (D-Ore.), a longtime defender of privacy rights who had threatened to block the extension, highlighted on social media Thursday that he "secured a commitment that the FISA court opinion revealing abuses of Americans' rights will be DECLASSIFIED before Congress votes on reauthorization."
"The more Americans know about these abuses," he said, "the more they'll demand real reforms."