"Strahilevitz told Ars that Yana Welinder, a lawyer and legal fellow with Stanford University, wrote ajournal article in 2012 in the Harvard Law Review touching on this exact issue with respect to Facebook, Illinois, and a similar law on the books in Texas.
Welinder, in turn, told Ars that Licata’s case is the first of its kind that she is aware of.
"I would be surprised if this case actually got litigated and expect it to get resolved in a settlement," she e-mailed Ars. "But generally, Facebook has been relying on their privacy policy and settings to allow users to opt-out, which is not consistent with the Illinois law. The law requires opt-in consent for collection of biometrics and specifically calls out ‘face geometry.’
"Privacy is often balanced against other values, like free speech or efficiency. If Facebook hopes that the Tag Suggest feature will help users interact, they should make it opt-in. Ironically, by ‘moving fast and breaking things,’ Facebook may be triggering knee-jerk responses to many different implementations of face recognition technology. Some of them may be much more meaningful than the Tag Suggest feature.""