Preliminary Injunction Briefing Concludes in Clearview AI BIPA Suit

The consumer plaintiffs fighting to enjoin Clearview AI Inc.’s purported collection and dissemination of their biometric data have replied to the defendants’ opposition. The plaintiffs asserted that without the requested relief, and in view of newly uncovered information, Clearview could move biometric data offshore, making it more difficult for the plaintiffs to ascertain privacy safeguards and enforce their rights.

The Monday filing includes a statement of supplemental facts that recounts the deposition testimony of Clearview’s general counsel, Thomas Mulcaire. The brief then incorporates deposition excerpts, some of which are redacted, into arguments in favor of the preliminary injunction.

The plaintiffs first asserted that Mulcaire is an incredible witness and his testimony is riddled with factual inaccuracies that form the basis of the defendants’ opposition. They also use his testimony to argue that Clearview is not capable of responsibly handling biometrics and its security precautions are “illusory.”

Additionally, the consumers alleged that contrary to Mulcaire’s deposition testimony, it is possible for Clearview AI to determine where the subjects of the images it collects from the Internet “reside.”  By so contending, the plaintiffs rebuffed Clearview’s allegation that requiring the company to remove all images of Illinois residents from its database would effectively shut down its nationwide operations.

The consumers then launched into a series of arguments as to why their claims are likely to succeed on the merits, including that the defendants are not exempt from the Illinois Biometric Information Privacy Act (BIPA) and that the First Amendment to the U.S. Constitution does not curtail their claims. The filing reiterated arguments made in the plaintiff’s original motion: that they will suffer irreparable harm in the absence of the requested relief, and that balance of the equities favors injunction.

The plaintiffs are represented by Loevy & Lovey, Bursor & Fisher P.A., Hedin Hall LLP, and Neighborhood Legal LLC. Clearview AI and the other defendants are represented by Jenner & Block LLP and Cahill Gordon & Reindel LLP.