"Basically, we haven’t yet figured that out. The LinkedIn case ultimately found that scraping is protected and legal, and hiQ is still in business. But, as Albert Gidari put it, this particular case with Clearview raises other tough issues, so it’s unlikely there will be a clear resolution regarding this conduct in the short term.
Gidari, the consulting director of privacy at the Center for Internet and Society at Stanford University, told Digital Trends via email that although Clearview asserts its right to scrape and use photos, “individuals also have a statutory right to their image.” For example: California prohibits unauthorized use of a person’s voice, image, or name for someone else’s benefit (which is clearly what Clearview does). “There is no doubt that these photos fall under the Illinois statute and probably under CCPA [the California law] as biometric use without consent,” he wrote in an email."