The following March 3 blog post inspired the Law360 article, “Challenging Personal Jurisdiction In Online Conduct Cases,” published on March 24, 2017. See full article below.

Earlier this week, Judge Edmond Chang of the Northern District of Illinois rejected Google’s arguments that application of the Illinois Biometric Information Privacy Act (BIPA) to facial geometry scanning by Google Photos is, on its face, an improper extraterritorial application of Illinois law. See Rivera v. Google, Inc., Case No. 16-cv-22714, Docket Entry 60.  Faced with Google’s arguments that the claims would require extraterritorial application of the statute and/or would violate the Dormant Commerce Clause by reaching beyond state boundaries, the court essentially punted, saying that “[d]iscovery is needed to determine whether there are legitimate extraterritoriality concerns.” Id. at p. 22.  The court also rejected Google’s argument that BIPA does not cover facial geometry scans pulled from photographs.
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In a well-reasoned and encouraging decision to Internet businesses, the Northern District of Illinois recently found that even operating one of the largest, most popular websites in the world is not enough to create personal jurisdiction everywhere the site can be accessed. See Gullen v. Facebook, Inc., Case No. 15-cv-07681 (Jan. 21, 2016