The Everalbum, Inc. Case, or How the Federal Trade Commission Protected Consumer Rights Regarding the Collection, Use, Storage, Dissemination, and Destruction of Facial Recognition Data

Donald L Buresh,Morgan State University

doi:10.47191/ijsshr/v4-i10-38

Abstract

This essay aims to analyze and evaluate the In the Matter of Everalbum, Inc. case. The paper discusses the Ever facial recognition application, its history, how it was developed, and the effects of the user deactivation process. The following section outlines Section 5 of the Federal Trade Commission Act, focusing on unfair trade practices. The third section lists the issues in the case. The fourth section outlines the Decision and Order from the Federal Trade Commission regarding how the Commission demanded how Everalbum was to behave in the future. The comments by David Valentine and World Privacy Forum are summarized. A critique of the Order is provided, noting that by demanding that Ever album delete and destroy its facial recognition technology, the question of who then owned the technology is paramount. The essay concludes by observing that a balance must be struck between the benefits of employing facial recognition technology and its unknown and possibly unknowable detrimental effects.

Highlights

Have you ever seen old photographs that were taken years ago? Did you ever wonder who those people were? Do you know their names or what their lives were like? Probably not
The FTC believed that consumers both inside and outside the United States were adequately protected regarding notice and consent in the employment by Everalbum of biometric information that the company would use to develop their facial recognition technology
Given that Everalbum possessed good intentions to help their customers remember their past by cataloging the photos and videos of a time gone by, the case can be considered from various angles

Summary

Introduction

Have you ever seen old photographs that were taken years ago? Did you ever wonder who those people were? Do you know their names or what their lives were like? Probably not. The FTC limited Everalbum’s compliance only to products and services that were offered to users within the United States.[31] The third provision stipulated that within 30 days of the Order being issued, Everalbum was required to delete all photos and videos from users that asked that their Ever accounts be deactivated.

Results

Conclusion