VOlUME 04 ISSUE 10 OCTOBER 2021
Donald L. Buresh, Ph.D., J.D., LL.M.
Morgan State University
Google Scholar Download Pdf
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 Everalbum 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.
KEYWORDS:Everalbum, Inc., Facial Recognition, Controlling Facial Recognition App, Deleting Facial Recognition Data, Deactivation of a Facial Recognition Account, Section 5(a) of the Federal Trade Commission Act
REFERENCES
1. In the Matter of Everalbum, Inc., UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION (May 7, 2021),
available at https://www.ftc.gov/system/files/documents/cases/1923172_-_everalbum_complaint_final.pdf,
2. Donald L. Buresh, Should Personal Information and Biometric Data Be Protected under a Comprehensive Federal Privacy
Statute that Uses the California Consumer Privacy Act and the Illinois Biometric Information Privacy Act as Model Laws?,
38 SANTA CLARA UNIVERSITY: HIGH TECH LAW JOURNAL, (Expected publication date: October 2021).
3. Here the California Consumer Privacy Act was effective on June 28, 2018 and was amended by the California Privacy
Rights Act in November 2020; the Nevada privacy law went into force on May 29, 2019; the Maine privacy law went into
effect on July 1, 2020; Virginia’s Consumer Data Protection Act was signed into law on March 2, 2021; and Colorado’s
Privacy Act officially became law on July 8, 2021.
4. In the Matter of Everalbum, Inc., supra, note 1.
5. See 15 U.S. Code § 45 (a)(1), LEGAL INFORMATION INSTITUTE, available at
https://www.law.cornell.edu/uscode/text/15/45.
6. See 15 U.S. Code § 45 (a)(2), LEGAL INFORMATION INSTITUTE, available at
https://www.law.cornell.edu/uscode/text/15/45.
7. See 15 U.S. Code § 45 (a)(3), LEGAL INFORMATION INSTITUTE, available at
https://www.law.cornell.edu/uscode/text/15/45.
8. See 15 U.S. Code § 45 (a)(4), LEGAL INFORMATION INSTITUTE, available at
https://www.law.cornell.edu/uscode/text/15/45.
9. In the Matter of Everalbum, Inc., supra, note 1.
10. In the Matter of Everalbum, Inc. Decision and Order, UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE
COMMISSION (May 6, 2021), available at https://www.ftc.gov/system/files/documents/cases/1923172_-
_everalbum_decision_final.pdf.
11. Covered information included (1) first and last name; (2) physical address; (3) email address or any other online address
such as an instant messaging address; (4) telephone number; (5) Social Security number; (6) driver’s license or other
government identification number; (7) financial account number; (8) debit or credit card number; (9) photos and videos;
(10) biometric information as defined in the Decision and Order; (11) descriptive information such as facial embedding;
(12) a persistent identifier such as an IP address, mobile device ID, etc.; or (13) any combined information as listed therein.
12. Letter to the Commenter David Valentine, FEDERAL TRADE COMMISSION (May 6, 2021), available at
https://www.ftc.gov/system/files/documents/cases/valentine_response_final.pdf.
13. Letter to the Commenter World Privacy Forum, FEDERAL TRADE COMMISSION (May 6, 2021), available at
https://www.ftc.gov/system/files/documents/cases/wpf_response_final_0.pdf.
14. In the Matter of Everalbum, Inc. Decision and Order, supra, note 28.
15. Letter to the Commenter David Valentine, supra, note 39.
16. In the Matter of Everalbum, Inc. Decision and Order, supra, note 28.
17. Letter to the Commenter World Privacy Forum, supra, note 41.
18. Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology, PERKINS COIE (Jan. 29, 2021),
available at https://www.perkinscoie.com/en/news-insights/everalbum-settles-ftc-claims-alleging-deceptive-use-of-facial-recognition-technology.html.
19. Kathryn M. Rattigan, Everalbum Settles with FTC over Facial Recognition Technology in its Ever App, THE NATIONAL
LAW REVIEW (Jan. 13, 2021), available at https://www.natlawreview.com/article/everalbum-settles-ftc-over-facial-recognition-technology-its-ever-app.
20. Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology, supra, note 59.
21. Donald L. Buresh, supra, note 5.
22. Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology, supra, note 59.
23. Donald L. Buresh, supra, note 5.
24. Everalbum Settles FTC Claims Alleging Deceptive Use of Facial Recognition Technology, supra, note 59.
25. Donald L. Buresh, supra, note 5.
26. Kathryn M. Rattigan, supra, note 62.
27. Donald L. Buresh, supra, note 5