In a lawsuit challenging its surveillance activities, Clearview AI used the First Amendment as a defense. The facial recognition technology company argued that the creation and use of its surveillance product was First Amendment protected speech. Join Talya Whyte, third-year law student at New York University, as she presents a case study on the parties’ basic arguments, Clearview AI’s characterization of its activities as “speech,” and the implications of this argument. Attendees will understand how facial recognition technology works and the risks and harms inherent in its building and implementation, and gain the knowledge to make more informed legal, policy, and technical choices about the implementation of AI-based surveillance technology.

Talya Whyte is a third year law student at New York University. Her research interests lie at the intersection of new technology, society, public trust, and digital rights. She is a 2023 Google Legal Scholar, a Student Fellow at the Engelberg Center on Innovation Law & Policy, and NYU Cyber Scholar. Whyte hopes for a thoughtful and humanitarian integration of technology into existing legal and societal frameworks.

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