Vance v. Amazon.com Inc.

534 F. Supp. 3d 1314 (W.D. Wash. 2021)

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Vance v. Amazon.com Inc.

United States District Court for the Western District of Washington
534 F. Supp. 3d 1314 (W.D. Wash. 2021)

Facts

Flickr was a popular photo-sharing website owned by Yahoo!. Without users’ knowledge, Yahoo! compiled millions of posted photos into a dataset and made the dataset publicly available to parties developing facial-recognition technology. International Business Machines Corporation (IBM) used the Flickr dataset to create a new dataset containing facial scans from the underlying images. Amazon.com Inc. (Amazon) (defendant) then obtained that dataset and used it to improve its own facial recognition technology, Amazon Rekognition, which was incorporated into multiple Amazon products, including Amazon’s photo platform, smart-home systems, and Alexa virtual-assistant platform. Amazon also marketed Rekognition to law-enforcement agencies to facilitate their monitoring activities. Illinois residents Steven Vance and Tim Janecyk (plaintiffs) were two Flickr users whose uploaded photos were included in the dataset. Vance and Janecyk sued Amazon, arguing that Amazon violated Illinois’s Biometric Information Privacy Act (BIPA) by profiting from their biometric information. Amazon moved to dismiss the suit for failure to state a viable claim, arguing that Amazon did not violate BIPA because it did not directly provide biometric data to third parties.

Rule of Law

Issue

Holding and Reasoning (Robart, J.)

Dissent (Lucero, J.)

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