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.
replies(6):
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.