Reply to post: First Amendment wrong

Hacker swipes customer list from controversial face-recog-for-Feds Clearview. Its reaction? 'A part of life'


First Amendment wrong

"Clearview has a “First Amendment right to public information, ..."

The First Amendment does not guarantee a right to use copyrighted materials for commercial purposes, nor to construct an elaborate framework around harvested data and media that puts people at risk (for example publishing information gleaned about a person's movements). That would be applying a context to the data that is not publicly available. Although the European legal framework does not come into play in the United States, the EU Data Protection Directive has been interpreted in such a way that publicly available information that is processed by some party into a new context causes that party to be treated as a data controller (or processor) unless it is done so for only personal use. It seems to me that this is not inconsistent with First Amendment principles, though of course I could be wrong. This has never been decided in a federal court. I suspect it would come down to whether there is a reasonable expectation that photos submitted to social media will not be used for warrant-less surveillance purposes. I think the tendency to upload photos and tag other people causes this to fall on the side of privacy.

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