Illinois

photobucket-opted-inactive-users-into-privacy-nightmare,-lawsuit-says

Photobucket opted inactive users into privacy nightmare, lawsuit says

Photobucket was sued Wednesday after a recent privacy policy update revealed plans to sell users’ photos—including biometric identifiers like face and iris scans—to companies training generative AI models.

The proposed class action seeks to stop Photobucket from selling users’ data without first obtaining written consent, alleging that Photobucket either intentionally or negligently failed to comply with strict privacy laws in states like Illinois, New York, and California by claiming it can’t reliably determine users’ geolocation.

Two separate classes could be protected by the litigation. The first includes anyone who ever uploaded a photo between 2003—when Photobucket was founded—and May 1, 2024. Another potentially even larger class includes any non-users depicted in photographs uploaded to Photobucket, whose biometric data has also allegedly been sold without consent.

Photobucket risks huge fines if a jury agrees with Photobucket users that the photo-storing site unjustly enriched itself by breaching its user contracts and illegally seizing biometric data without consent. As many as 100 million users could be awarded untold punitive damages, as well as up to $5,000 per “willful or reckless violation” of various statutes.

If a substantial portion of Photobucket’s entire 13 billion-plus photo collection is found infringing, the fines could add up quickly. In October, Photobucket estimated that “about half of its 13 billion images are public and eligible for AI licensing,” Business Insider reported.

Users suing include a mother of a minor whose biometric data was collected and a professional photographer in Illinois who should have been protected by one of the country’s strongest biometric privacy laws.

So far, Photobucket has confirmed that at least one “alarmed” Illinois user’s data may have already been sold to train AI. The lawsuit alleged that most users eligible to join the class action likely similarly only learned of the “conduct long after the date that Photobucket began selling, licensing, and/or otherwise disclosing Class Members’ biometric data to third parties.”

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sketchy-botox-shots-spark-multistate-outbreak-of-botulism-like-condition

Sketchy Botox shots spark multistate outbreak of botulism-like condition

Yikes —

So far at least six people in two states have fallen ill; four of them were hospitalized.

A woman in New Jersey receiving a Botox treatment at a Botox party in a New Jersey salon hosted by a radio station.

Enlarge / A woman in New Jersey receiving a Botox treatment at a Botox party in a New Jersey salon hosted by a radio station.

Sketchy cosmetic injections of what seem to be counterfeit Botox are behind a multistate outbreak of botulism-like illnesses, state health officials report.

So far, at least six people have fallen ill in two states: four in Tennessee and two in Illinois. Four of the six people required hospitalization for their condition (two in Tennessee and both cases in Illinois).

The Centers for Disease Control and Prevention is reportedly planning to nationwide alert to notify clinicians of the potentially counterfeit Botox and advise them to be on the lookout for botulism-like illnesses. The agency did not immediately respond to Ars’ request for information.

Botox is a regulated drug product that contains purified, controlled quantities of the botulinum neurotoxin, which is made by certain Clostridium bacterial species, especially Clostridium botulinum. The toxin causes muscle paralysis by blocking the release of a neurotransmitter. When people are exposed to the toxin from wound infections or by accidentally eating contaminated foods, it can lead to full paralysis, including in muscles used for breathing. But, the toxin can also be used safely for cosmetic procedures to smooth facial wrinkles—when well-regulated and approved doses administered by licensed medical professionals are used.

All of those important conditions for use did not seem to be met in the cases identified so far. Tennessee reported that its four cases were linked to injections given in “non-medical settings such as homes or cosmetic spas.” Investigators found that the injections were of “products with unclear origin” and that information collected so far suggests the products were counterfeit.

The two people sickened in Illinois, meanwhile, both received injections from a nurse in LaSalle County who was “performing work outside her authority.” State officials said the injections were of Botox or a similar, possibly counterfeit product.

The early symptoms of botulism can include double or blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and difficulty breathing, Tennessee health officials noted. After that, people may suffer descending, symmetric muscle weakness that progresses over hours to days, requiring hospitalization and treatment with an anti-toxin.

Illinois officials reported that the cases reported similar symptoms, such as blurred or double vision, droopy face, fatigue, shortness of breath, difficulty breathing, and a hoarse voice, after getting their injections.

“Illinois residents should exercise caution when considering cosmetic treatment,” Illinois Department of Public Health Director Sameer Vohra said in a statement. “Receiving these treatments in unlicensed, unapproved settings can put you or your loved ones at serious risk for health problems. Please only seek cosmetic services under the care of licensed professionals trained to do these procedures and who use FDA approved products. If you are experiencing any health problems after a recent cosmetic treatment, please contact your healthcare provider immediately for help and assistance.”

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