Clearview AI
Clearview AI is an American technology company that provides facial recognition software, which is used by private companies, law enforcement agencies, universities and individuals. The company has developed technology that can match faces to a database of more than three billion images scraped from the Internet, including social media applications. Founded by Hoan Ton-That and Richard Schwartz, the company maintained a low profile until late 2019, when its usage by law enforcement was reported on. The company has long-standing links to the alt-right and neo-Nazis.
In January 2020, Twitter sent a cease and desist letter and requested the deletion of all collected data. This was followed by similar actions by YouTube and Facebook in February. Clearview sells access to its database to law enforcement agencies for use in cases such as child sexual abuse and has 2,400 active users in North America according to The Wall Street Journal. However, contrary to Clearview's claims that its service is sold only to law enforcement, a data breach in early 2020 revealed that numerous commercial organizations were on Clearview's customer list.
History
linked Smartchekr as likely being founded by Pax Dickinson, Chuck Johnson, Richard Schwartz, and Hoan Ton-That, all active on Dickinson's WeSearchr Slack channel, which Huffpost called an "alt-right clique". In a cybersecurity opinion piece in The Hill, psychiatrist and professor Elias Aboujaoude noted it is "o private it listed a fake Manhattan address as its business location", stating facial recognition companies including Clearview are "the other reason we may need a face mask" after the coronavirus pandemic subsides.Marketing claims
Clearview's marketing claimed their facial recognition led to a terrorist arrest. The identification was submitted to the New York Police Department tip line, but the NYPD did not use this tip to identify the suspect, and stated they have no institutional relationship with Clearview, though some 'rogue officers' use it. Clearview claims to have solved two other New York cases and "40 cold cases", later stating they submitted them to tip lines.The company was sent a cease and desist letter from the office of New Jersey Attorney General Gurbir Grewal after including a promotional video on its website with the images of Grewal. Clearview had claimed that its app played a role in a New Jersey police sting, which Grewal confirmed had been used to identify one of the child predators. He banned the use of Clearview in all 21 counties in New Jersey and stated that "we need to have a full understanding of what is happening here and ensure there are appropriate safeguards" before using similar products. Tor Ekeland, a lawyer for Clearview, confirmed the marketing video was taken down the same day.
Clearview states their technology is not for public consumption and meant for law enforcement usage, but their marketing material encouraged users to "run wild" with their use, suggesting searching for family and friends as well as celebrities. Clearview also indicated they were targeting private security firms and marketed to casinos through Clearview's Jessica Medeiros Garrison. Clearview planned expansion to many countries, including Brazil, Colombia, and Nigeria, a cluster that Buzzfeed titles "authoritarian regimes" including United Arab Emirates, Qatar, and Singapore, and General Data Protection Regulation-following EU countries including Italy, Greece, and Netherlands.
Accuracy
Documents from Clearview have claimed 98.6% or 100% accuracy while using their standard 99.6% confidence interval. Clearview provided an October 2019 document to the North Miami Police Department indicating they used a public review panel, consisting of Jonathan Lippman, Nicholas Cassimatis, and Aaron Renn while using the methodology that ACLU used to test Amazon Rekognition. Jacob Snow of the ACLU responded, stating Clearview's test "couldn't be more different than the ACLU's work", pointed out the accuracy flaws and lack of actual racial bias methodology, and objected to Clearview implying that ACLU might endorse their "dangerous and untested surveillance product".Data leaks
In February 2020, multiple sources reported that Clearview AI had experienced a data breach, exposing its list of customers. Clearview's attorney, Tor Ekeland stated the flaw has been patched.In April 2020, TechCrunch reported that Mossab Hussein of SpiderSilk, a security firm, discovered Clearview's source code repositories had been exposed with a misconfigured user security setting. This included secret keys and credentials, including cloud storage and Slack tokens. The compiled apps and pre-release apps were accessible, allowing Hussein to run the macOS and iOS apps against Clearview's services. While Ton-That called Hussein's disclosure of the bug extortion, Hussein reported the breach to Clearview but refused to sign a non-disclosure agreement necessary for the program. He also found 70,000 videos in one storage bucket from a Rudin Management apartment building's entrance.
Mobile app
While Clearview's app is only supposed to be privately accessible to customers, Gizmodo found the Android application package in an unsecured Amazon S3 bucket. In addition to application tracking, it contains references to Google Play Services, requests precise phone location data, and appeared to have features for voice search, sharing a free demo account to other users, augmented reality integration with Vuzix, and sending gallery photos or taking photos from the app itself. There were also references to scanning barcodes on a drivers license and to RealWear.TechCrunch found the application for Apple iOS devices in an unsecured S3 bucket. The instructions showed how to load an enterprise certificate so the app could be installed without being published on the App Store. Clearview's access was suspended, as it was against Apple's terms of service for developers. This "effectively disables the app".
Insight Camera
Buzzfeed discovered that Clearview also operates a secondary business, Insight Camera, which provides AI-enabled security cameras. It is targeted at "retail, banking and residential buildings". Two customers have used the technology, United Federation of Teachers and Rudin Management.Privacy lawsuits
In response to a class action lawsuit filed in Illinois for violating the Biometric Information Privacy Act, in May 2020 Clearview stated that while they disagreed that they were subject to BIPA, they instituted a policy to stop working with non-government entities and to remove any photos geolocated in Illinois. In their May response Clearview stated they have "never experienced a data breach related to personal information". Clearview is represented by Jenner & Block for the case. The ACLU stated, "These promises do little to address concerns about Clearview's reckless and dangerous business model."On May 28, 2020, ACLU and Edelson sued Clearview in Illinois using the BIPA. Describing the lawsuit, ACLU said "it will end privacy as we know it if it isn't stopped", going on to state "Clearview has created the nightmare scenario that we've long feared, and has crossed the ethical bounds that many companies have refused to even attempt." Clearview's Tor Ekeland called it censorship, and stated "The First Amendment forbids this." In response, ACLU's Nathan Freed Wessler stated the First Amendment "does not shield Clearview's unlawful conducts.... Capturing a face print is conduct, not speech."
Clearview is also being sued by the Attorney General of Vermont. Clearview's Tor Ekeland, who has stated his objection to Section 230, used it in defense of Clearview for this suit. Techdirt's Tim Cushing analyzed the arguments, stating "In essence, the lawsuit isn't about objectionable content hosted by Clearview, but objectionable actions by Clearview itself. That's why Section 230 doesn't apply. I'm not sure how the local court will read this, but it would seem readily apparent that Section 230 does not immunize Clearview in this case."
Founders and notable associates
Clearview's investors include Peter Thiel, a noted "surveillance enthusiast" who invested $200,000 in its first round of funding, Naval Ravikant, and RIT Capital Partners.Hoan Ton-That worked as a software developer at AngelList prior to founding Clearview AI. Ton-That first gained public notice in 2009, when he created ViddyHo, a website that spammed users' contacts and was described as phishing or a computer worm. Ton-That denied creating a phishing site and claimed a software bug was the cause. He then created fastforwarded.com, a similar phishing site. He also created an app called "Trump Hair", which placed Donald Trump's hair on photos.
Richard Schwartz is a graduate of Columbia University and New York University, holding degrees in History and Public Policy. He began his career working for Henry Stern, when Stern was a member of the New York City Council. Schwartz continued working with Stern during Stern's tenure as New York City Parks Commissioner under New York City Mayor Ed Koch. Schwartz heavily contributed to the 1980s New York City Parks restoration and continued public service under Mayor David Dinkins. He was appointed senior policy advisor to New York City Mayor Rudy Giuliani in the 1990s. Schwartz authored the Work Experience Program, a welfare reform program. Schwartz founded Opportunity America, a job matching service for welfare recipients, one day after leaving public service in 1997. He served as Editorial Editor at the New York Daily News in the 2000s. Ton-That and Schwartz met at the Manhattan Institute.
Clearview AI hired Paul Clement, a former Solicitor General and former acting United States Attorney General to help assuage privacy concerns.
Clearview also hired Jessica Medeiros Garrison, a Republican operative who managed Luther Strange's Alabama Attorney General campaign, then became Chief Counsel and Deputy Attorney General the following year. She successfully sued blogger Roger Shuler for defamation related to her and Luther Strange. In a court case involving campaign finance violations by Democratic Alabama state senator Lowell Barron, Barron's attorneys accused Strange of paying $350,000 to Garrison. Garrison was later the director of the Republican Attorneys General Association during a period where it was involved in sending dark money to Luther Strange, which was returned after the transaction was uncovered, having violated Alabama campaign finance law. Garrison also worked for Balch & Bingham until May 2017. Balch & Bingham is a law firm closely associated with Jeff Sessions's political career and also one of his largest donors.
Tor Ekeland has performed legal services for the company. Ekeland represented Andrew 'weev' Auernheimer, who is linked with Ton-That.
"Committed racist" Tyler Bass began working for Smartcheckr in late 2017. Marko Jukic, also a WeSearcher Slack member, also worked for Clearview and was linked to Chuck Johnson in 2016.
In late 2017, Clearview hired Douglass Mackey, creator of the Twitter persona "Ricky Vaughn," known for "far-right propaganda, racist tropes, and anti-Semitic cartoons." Mackey is also associated with alt-right white supremacist congressional candidate Paul Nehlen. Clearview claims to have had no knowledge of Mackey's persona, though Mackey was also part of the WeSearchr Slack under his fake name, and Chuck Johnson had spoken about being connected to Mackey. Bass described it as "Mackeygate" in an email to Katie McHugh. After Mackey's persona was revealed, Richard Schwartz used a reputation management company to obscure his involvement with Smartcheckr.
Use
Customer list
Following a data leak of Clearview's customer list, Buzzfeed confirmed that 2,200 organizations in 27 countries have accounts with activity. Some may only have had trial access, and many organizations denied any connection to Clearview.;;American law enforcement and government
;;Commercial and other non-government entities
;;International law enforcement
Use by individuals
described early use of Clearview's app as "a secret plaything of the rich", describing it as a perk given to potential investors in their Series A fundraising round. Billionare John Catsimatidis, a friend of Richard Schwartz, used it to identify someone his daughter dated to "make sure he wasn't a charlatan" and piloted it at one of his Gristedes grocery market in New York City to identify shoplifters. Investor Hal Lambert of Point Bridge Capital described having the app and showing it to friends. Investor David Scalzo, founder of Kirenaga Partners, said that his "school-aged daughters enjoyed playing with the app". Doug Leone, a potential investor at Sequoia Capital, was given access, which was revoked after Sequoia declined to invest. Actor and investor Ashton Kutcher described an app in September 2019 that was likely Clearview. After testing Clearview for accuracy, Nicholas Cassimatis was allowed to continue using the app and described demoing it to people "like a parlor trick".Noted far-right "troll king" Charles C. Johnson had an account on Clearview and used it. Mike Cernovich had tweeted a picture of Johnson and Ton-That dining together in 2016.
Tor Ekeland, who provides legal services to Clearview, was listed as having an account.
An account for Palmer Luckey, linked with Oculus Rift and Anduril Industries, ran over 20 searches.
Contact tracing for the COVID-19 pandemic
On March 17, 2020, the Wall Street Journal stated that Clearview was pitching their technology to states for use in contact tracing to assist with the COVID-19 pandemic. The Next Web said this effort gives Clearview "a chance to repair its reputation."Cybersecurity expert Josephine Wolff called out Clearview in a New York Times op-ed, "The United States government's engagement with the facial recognition company Clearview AI on coronavirus tracking is especially worrisome in this regard", and that "The company's product is still every bit as dangerous, invasive and unnecessary as it was before the spread of the coronavirus." Internet Law professor Jonathan Zittrain called the coronavirus work "a savvy move, aimed at turning a rogue actor into a hero."
The idea surfaced again in late April 2020 when Ton-That appeared on NBC News Now to pitch the idea. He said they have been in contact with federal and state authorities. Harvard Law School bioethics professor I. Glenn Cohen expressed concern, Fight for the Future's response was "Absolutely the fuck not", calling Clearview a "cartoonishly shady surveillance vendor". CPO Magazine called Clearview "a poster child for potential abuses and lack of transparency". University of Chicago Law School professor Lior Strahilevitz said "When I hear about potential collaborations between the government and Clearview AI to use facial recognition I shudder... I think those are the kinds of tools where the benefits of using them are not zero, but the harms are really substantial".
In response to the NBC segment and WSJ story, Senator Edward Markey wrote his third letter to the company with concerns, stating "this health crisis cannot justify using unreliable surveillance tools that could undermine our privacy rights." Markey asked a series of questions about what government entities Clearview has been talking with, in addition to unanswered privacy concerns.
Reception
Clearview operated in near secrecy until the release of The New York Times exposé titled "The Secretive Company That Might End Privacy as We Know It" in January 2020. Citing the article, over 40 tech and civil rights organizations including Color of Change, Council on American–Islamic Relations, Demand Progress, Electronic Frontier Foundation, Electronic Privacy Information Center, Fight for the Future, Freedom of the Press Foundation, Media Alliance, National Center for Transgender Equality, National Hispanic Media Coalition, National LGBTQ Task Force, Project On Government Oversight, Restore the Fourth, and the Woodhull Freedom Foundation sent a letter to the Privacy and Civil Liberties Oversight Board and four congressional committees, outlining their concerns with facial recognition and Clearview, asking the PCLOB to suspend the use of facial recognition.Clearview has been described in the press as "sketchy", "creepy", "the world's scariest facial recognition company", an "Olympic-caliber web scraper", and as the company "that might end privacy as we know it". Cory Doctorow called it "a creepy, grifty, privacy-invading toolsmith serving authoritarians", also pointing out the unreliability of its marketing.
It sparked a global debate on the regulation of facial recognition technology by governments and law enforcement. Numerous international media outlets called for a ban of the Clearview's software upon learning that 3 billion images had been collected from social media websites should the images have ever been public. Law enforcement officers have stated that Clearview's facial recognition is far superior in identifying perpetrators for any angle than previously used technology.
After discovering Clearview AI was scraping images from their site, Twitter sent a cease-and-desist letter, insisting that they remove all images as it is against Twitter's policies. Facebook has said they are reviewing the situation, and Venmo also stated it is against their policies. On February 5 and 6 2020, Google, Youtube, Facebook, and Venmo sent cease and desist letters as it is against their policies. Ton-That responded in an interview with Errol Barnett of CBS This Morning that there's a first amendment right to the information, results were 99.6% accurate, and they have 3 billion scraped images.
The company's claim of a First Amendment right to public information has been disputed by privacy lawyers such as Scott Skinner-Thompson and Margot Kaminski, writing in Slate that Clearview's position was a "simplistic argument", that the "First Amendment is often weaponized to undermine our privacy interests", highlighting the problems and precedents surrounding persistent surveillance and anonymity.
Senator Edward J. Markey wrote Clearview and Ton-That, stating "Widespread use of your technology could facilitate dangerous behavior and could effectively destroy individuals' ability to go about their daily lives anonymously." Markey asked Clearview to detail aspects of its business to understand these privacy, bias, and security concerns. Clearview responded through an attorney, declining to reveal information. In response to this, Markey wrote a second letter, calling their response unacceptable and containing "dubious claims", highlighting the concern of Clearview "selling its technology to authoritarian regimes" and possible violations of COPPA.
Senator Ron Wyden tweeted about Clearview, saying it "reads like one of the more disturbing episodes of Black Mirror". Wyden also voiced concerns about Clearview's efforts to "tamp down questions from journalists". Meetings between Wyden and Ton-That have been set up, with Ton-That cancelling on Wyden three times.
Josh Orton, a spokesperson for the Bernie Sanders 2020 presidential campaign, stated "This is disgusting. A Sanders administration will ban facial recognition software in law enforcement, period."
Former New York City Police Commissioner and executive chairman of Teneo Risk Chief Bill Bratton challenged privacy concerns and recommended strong procedures for law enforcement usage in an op-ed in New York Daily News.
In April 2020 an editorial by Rafael A. Calvo, Sebastian Deterding, and Richard M. Ryan was published in The BMJ discussing "Health surveillance during covid-19 pandemic". The authors noted Clearview and also discussed "surveillance creep".
Internet Law professor Jonathan Zittrain stated "The company's services don't represent a technological breakthrough as much as norm-shattering daring. Clearview simply added water to a recipe that no one else thought advisable to make, using existing ingredients."
The AI Now Institute linked Clearview with the Banjo surveillance platform, as both have far-right ties, though Banjo doesn't have the explicit far-right algorithmic goals of Clearview does. Other historic Silicon Valley links to far-right ideology mentioned include Jeffrey Epstein, William Shockley, and James Damore.
The New Zealand Police used it in a trial after being approached by Clearview's Marko Jukic in January 2020. Jukic said it would have helped identify the Christchurch mosque shooter had the technology been available. During the police's trial they searched for people "of Māori or Polynesian ethnicity", as well as "Irish roof contractors" to determine its bias and accuracy. This raised strong objections once exposed, as neither the users' supervisors or the Privacy Commissioner were aware or approved of its use. After it was revealed by RNZ, Justice Minister Andrew Little stated "I don't know how it came to be that a person thought that this was a good idea", going on to say "It clearly wasn't endorsed, from the senior police hierarchy, and it clearly didn't get the endorsement from the Minister nor indeed from the wider cabinet... that is a matter of concern."