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70 Fed. Comm. L.J. 105 (2018)
Social Network or Social Nightmare: How California Courts Can Prevent Facebook's Frightening Foray into Facial Recognition Technology from Haunting Consumer Privacy Rights Forever

handle is hein.journals/fedcom70 and id is 117 raw text is: Social Network or Social Nightmare: How California Courts Can Prevent Facebook's Frightening Foray Into Facial Recognition Technology From Haunting Consumer Privacy Rights Forever Rosie Brinckerhoff * TABLE OF CONTENTS I. IN TRODU CTION ............................................................................... 107 II. BACKGROUND: A BRIEF GUIDE TO FACIAL RECOGNITION T ECHN OLO GY .................................................................................. 112 A. FACIAL RECOGNITION TECHNOLOGY - A BRIEF, TECHNICAL O V ERV IE W ................................................................................ 112 B. PRIVACY IMPLICATIONS OF FACIAL RECOGNITION TECHNOLOGY .................................................................................................. 1 13 C. FACEBOOK'S CURRENT CAPABILITIES WITH FACIAL RECOGNITION TECHNOLOGY ................................................... 116 III. FACEBOOK FAILS TO EXPLICITLY INFORM CONSUMERS OF ITS USE OF FACIAL RECOGNITION TECHNOLOGY: How THE COMPANY'S TERMS OF SERVICE AND DATA POLICY SATISFY THE CALIFORNIA STANDARD FOR UNCONSCIONABILITY ........................................... 118 • J.D. Candidate, The George Washington University Law School, May 2018. Executive Editor & Notes Editor, Federal Communications Law Journal, 2017-2018. B.A., Political Science, Minor in Journalism, University of Delaware, 2014. This Note is dedicated to my father, Clarke W. Brinckerhoff, the most brilliant and humble man I know. His love for the law and penchant for fairness are what inspired me to pursue a legal career. It is only because he thought I could succeed in this field that I even dared to try. I would like to extend a special thank you to everyone who feigned interest in hearing me ramble about Facebook over the past year and a half, but especially to my patient and loving mother, Judy Brinckerhoff. Many thanks to the staff of the Federal Communications Law Journal for their patient and meticulous editing. I would also like to thank Kara Romagnino for asking me the tough questions throughout my writing process and for providing extensive feedback on my many drafts. Any unprincipled deviations in this Note are my own. - 105 -

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