Residents of two of the most populous states in the US, Texas and Illinois, are unable to access a new AI editing tool in Google Photos. That’s unusual, especially as Google is pushing AI across its product lines.
The feature, called Conversational Editing, allows you to edit images by typing commands or using your voice, without requiring more advanced software. It opens the doors to people who want to edit their photos, from making small tweaks to full makeovers, without having to dig into settings or use more advanced tools.
Conversational Editing in Google Photos debuted on the Pixel 10 series of phones. In September, Google rolled out Conversational Editing in its Photos app to all eligible Android users, and more recently, iOS users, in the US.
But it wasn’t clear who was “eligible” to use the feature. In a help center page, Google said it wasn’t “available in all regions at this time.” It didn’t specify the regions, nor did it say why.
As it turns out, the restriction applies to both Texas and Illinois based on the laws in those two states.
The ability to edit photos with your voice or through chat isn’t the issue — the problem is biometrics, specifically, what’s known as facial geometry. One requirement for Conversational Editing is that another feature called Face Groups must be enabled. That’s likely the legal sticking point.
“The common thread in both laws is that they restrict how biometric identifiers such as face geometry or voiceprints can be stored, transmitted or retained,” said Frank Fagen, a professor at the South Texas College of Law.
The Houston Chronicle was first to report that the feature wasn’t available, noting that both states had sued the tech giant for data and biometrics collection.
Texas and Illinois biometric laws
Consent is typically required before biometric data can be collected, and if it isn’t given, it can violate biometric privacy laws. A Google Photos user may have accepted the terms and conditions of using the app, thereby providing consent to the collection of biometric data. But what about the other people you take photos of? Not so much.
According to a 2019 Illinois Supreme Court ruling, you don’t need to prove that the violation resulted in actual harm to sue. That “opened a flood of litigation,” according to David Morrison, principal of the Illinois-based Goldberg Khan law firm. Morrison noted that even technical violations carry penalties, which range from $1,000 to $5,000 per affected individual.
Texas has its own law, the Capture or Use of Biometric Identifier Act, or CUBI, but only the state attorney general can bring a lawsuit, not individuals. Biometrics covered by the act include eye scans, voice, finger and hand prints, and face geometry. A single CUBI violation can result in a fine of up to $25,000.
The Texas law states that biometrics must be destroyed within a “reasonable time” and ties the expiration date to the purpose for which the identifier was created, creating a conundrum for Google. Face Groups is an always-on and ongoing process, essentially waiting for you to snap a photo so it can check if any face in the image matches one of its facial models. That means its purpose never really expires.
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