LOS ANGELES, Aug. 5, 2024 -- Quandary Peak Research, a Los Angeles-based consulting firm specializing in expert analysis of software and computing technology, contributed to a biometric data privacy case that resulted in a $1.4 billion settlement for the State of Texas against Meta, formerly named Facebook. To aid in establishing that Meta was improperly collecting biometric information, Quandary Peak expert Jason Frankovitz performed source code analysis of the technologies accused of violating Texas laws.
Plaintiffs McKool Smith, along with Keller Postman and the Texas Attorney General's Office, filed the complaint on behalf of Texans who uploaded photographs onto Meta's social media platforms, such as Facebook and Instagram. The suit alleged that Meta used people's personal photographs to produce facial recognition templates without adequate consent in violation of Texas' Capture or Use of Biometric Identifier Act (CUBI).
For months, Frankovitz worked closely with a team of computer scientists and software engineers, exhaustively poring over Meta's confidential source code, documenting how the facial recognition system worked. He traced the code, documented paths of execution, and briefed the legal team about discoveries relevant to the language of the statute. The evidence Frankovitz collected was essential in explaining how the system operated; evidence which often provides state agencies powerful leverage in settlement negotiations.
The CUBI law is similar to Illinois' Biometric Information Privacy Act (BIPA), which also requires consent before facial recognition can be legally performed. Notably, Frankovitz and other software experts at Quandary Peak worked on BIPA cases prior to their engagement with the Texas Attorney General's Office.
Jason Frankovitz, Director of Software Class Actions, joined Quandary Peak in 2014 and has testified in numerous trials since then. His background in server-side application development and expertise in mobile/web technologies were valuable assets during the case. While his considerable experience spans various areas, his work at Quandary Peak often draws heavily on his expertise in web applications, Internet technologies, open-source software, and best practices in software development.
About Quandary Peak Research
Quandary Peak Research provides expert analysis of complex technology to companies, law firms, and investors. Clients leverage Quandary Peak's expertise in computer and software technology for various types of civil litigation, including cases alleging patent infringement, copyright infringement, trade secret misappropriation, and breach of contract. Software experts at Quandary Peak perform source code analysis, technical due diligence, software quality audits, and forensic investigations. Quandary Peak experts also testify as expert witnesses at hearings and trials in U.S. District Court, state courts, the International Trade Commission (ITC), the U.S. Patent and Trademark Office (USPTO), and other venues.
For media inquiries, please contact:
Jeremiah Deasey
Manager of Digital Marketing, Media, and Brand
jeremiah@quandarypeak.com
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