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The bizarre twist in Clearview AI s promised SCOTUS petition in biometric privacy case

7 Min Read (Reuters) - The facial recognition software company Clearview AI is willing to go all the way to the U.S. Supreme Court to prove that its alleged violation of Illinois’ biometric data privacy law inflicted a concrete injury on Illinois residents who brought a class action against the company. Wait, what? A class action defendant is vowing to fight at the Supreme Court to prove that plaintiffs who aren’t even alleging an actual injury meet constitutional standing requirements? That’s right: Clearview AI’s lawyers at Jenner & Block and Cahill Gordon & Reindelasked the 7th U.S. Circuit Court of Appeals this week to stay the issuance of its mandate in Thornley v. Clearview AI. Clearview said the appeals court should hold off because the company plans to file a petition asking the Supreme Court to clarify when an alleged statutory violation suffices to establish a plaintiff’s right to sue under Article III of the constitution.

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