The company used, Clearview AI, collects publicly available imagery. It would be different if the government was providing it. Here's an idea: maybe don't post your photos on social media. Still scary nonetheless.
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I don’t, I deleted my social media accounts a decade ago and wasn’t into posting my own photos prior to that anyway. But other people can post photos with me/including me and I can’t control that (and since I don’t use social media I don’t even know when they do that).
If you believe the government would only use that data for just purposes then you probably wouldn't then believe that there is a 1A issue. But if you think the government would use it to identify persons at a protest and then take adverse actions against them on the basis of their presence alone (which to be clear, seems distinguished from the immediate instance) you would probably think there is a 1A issue.
SCOTUS ruled there are some instances where private use of a service is 1) effectively necessary for modern life and 2) leaks a huge amount of information about the person, then the government cannot utilize it without a warrant even if handed over or sold willingly by the third party.
I am suggesting that we likely need to expand Third Party Doctrine to things beyond cell tower data because 1) we don't have absolute control over how/where our images are used and associated with our names, and 2) the technology to later affiliate our always-on/always-visible identities (like faces, gaits, or fingerprints) with our names is getting better and better.
You're right that today this is not illegal, but I am pointing out that your argument for "what to do instead" is literally the precise argument for why it should be: it chills protected expression.