The Secretive Company That Might End Privacy as We Know It

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Until recently, Hoan Ton-That's greatest hits included an obscure iPhone game and an app that let people put Donald Trump's distinctive yellow hair on their own photos.Then Ton-That -- an Australian techie and onetime model -- did something momentous: He invented a tool that could end your ability

Until recently, Hoan Ton-That’s greatest hits included an obscure iPhone game and an app that let people put Donald Trump’s distinctive yellow hair on their own photos.

Until now, technology that readily identifies everyone based on their faces has been taboo because of its radical erosion of privacy. Tech companies capable of releasing such a tool have refrained from doing so; in 2011, Google’s chairman at the time said it was the one technology the company had held back because it could be used “in a very bad way.” Some large cities, including San Francisco, have barred police from using facial recognition technology.

Clearview has shrouded itself in secrecy, avoiding debate about its boundary-pushing technology. When I began looking into the company in November, its website was a bare page showing a nonexistent Manhattan address as its place of business. The company’s one employee listed on LinkedIn, a sales manager named “John Good,” turned out to be Ton-That, using a fake name. For a month, people affiliated with the company would not return my emails or phone calls.

The company eventually started answering my questions, saying that its earlier silence was typical of an early-stage startup in stealth mode. Ton-That acknowledged designing a prototype for use with augmented reality glasses but said the company had no plans to release it. And he said my photo had rung alarm bells because the app “flags possible anomalous search behavior” in order to prevent users from conducting what it deemed “inappropriate searches.

In 2009, Ton-That created a site that let people share links to videos with all the contacts in their instant messengers. Ton-That shut it down after it was branded a “phishing scam.” In 2015, he spun up Trump Hair, which added Trump’s distinctive coif to people in a photo, and a photo-sharing program. Both fizzled.

Ton-That wanted to go way beyond that. He began in 2016 by recruiting a couple of engineers. One helped design a program that can automatically collect images of people’s faces from across the internet, such as employment sites, news sites, educational sites, and social networks including Facebook, YouTube, Twitter, Instagram and even Venmo. Representatives of those companies said their policies prohibit such scraping, and Twitter said it explicitly banned use of its data for facial recognition.

One of the odder pitches, in late 2017, was to Paul Nehlen — an anti-Semite and self-described “pro-white” Republican running for Congress in Wisconsin — to use “unconventional databases” for “extreme opposition research,” according to a document provided to Nehlen and later posted online. Ton-That said the company never actually offered such services.

In February, the Indiana State Police started experimenting with Clearview. They solved a case within 20 minutes of using the app. Two men had gotten into a fight in a park, and it ended when one shot the other in the stomach. A bystander recorded the crime on a phone, so police had a still of the gunman’s face to run through Clearview’s app.

The company’s main contact for customers was Jessica Medeiros Garrison, who managed Luther Strange’s Republican campaign for Alabama attorney general. Brandon Fricke, an NFL agent engaged to Fox Nation host Tomi Lahren, said in a financial disclosure report during a congressional campaign in California that he was a “growth consultant” for the company.

According to a Clearview sales presentation reviewed by the Times, the app helped identify a range of individuals: a person who was accused of sexually abusing a child whose face appeared in the mirror of someone’s else gym photo, the person behind a string of mailbox thefts in Atlanta, a John Doe found dead on an Alabama sidewalk, and suspects in multiple identity fraud cases at banks.

He uploaded his own photo to the system, and it brought up his Venmo page. He ran photos from old, dead-end cases and identified more than 30 suspects. In September, the Gainesville Police Department paid $10,000 for an annual Clearview license. Despite that, the company said, its tool finds matches up to 75% of the time. But it is unclear how often the tool delivers false matches because it has not been tested by an independent party such as the National Institute of Standards and Technology, a federal agency that rates the performance of facial recognition algorithms.

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