Vance

facts most relevant to the present motion. 8 Plaintiffs Steven Vance and Tim Janecyk, both Illinois residents, publicly posted 9 photographs containing their faces to Flickr, an online photo management and sharing website. ECF 104, ¶¶ 29-30, 69-74, 82-88. In or about 2014, Flickr compiled approximately 100 million Flickr photographs into a single dataset (the “Flickr Dataset”) and made the dataset publicly available. Id., 13 ¶ 29. The Flickr Dataset contained those photographs uploaded by lead Plaintiffs and facial images 14 of other Illinois citizens and residents. Id., ¶ 31. The Flickr Dataset also contained substantial 15 information about each photo and its uploader, including unique identifiers, user details, and 16 location data, without the uploader’s knowledge or express consent. Id., ¶¶ 30-34. 17 In response to research highlighting bias and deficiencies in facial recognition technology, particularly the "Gender Shades" study released in 2018, IBM created the Diversity in Faces Dataset (“DiF Dataset”) in 2019. Id., ¶¶ 35-42. The DiF Dataset, consisting of one million images from the 21 Flickr Dataset, was designed to …