News
Goldberg Kohn Litigation Principal David Morrison is quoted in “A Google Photos AI Editing Feature Isn't Available in These States. We Asked Lawyers Why,” published in the Nov. 15, 2025, edition of CNET.
The article is focused on the two states – Illinois and Texas – where residents are unable to access a new AI editing tool in Google Photos. The feature, called Conversational Editing, allows users to edit images by typing commands or using their voice, without requiring more advanced software. It opens the doors to people who want to edit their photos, from making small tweaks to full makeovers, without having to dig into settings or use more advanced tools.
In a help center page, Google said it wasn't "available in all regions at this time." It didn't specify the regions, nor did it say why. The ability to edit photos with your voice or through chat isn't the issue -- the problem is biometrics, specifically, what's known as facial geometry. One requirement for Conversational Editing is that another feature called Face Groups must be enabled. That's likely the legal sticking point.
The Illinois Biometric Information Privacy Act, or BIPA, restricts how biometric identifiers such as face geometry or voiceprints can be stored, transmitted or retained. Consent is typically required before biometric data can be collected, and if it isn't given, it can violate biometric privacy laws.
BIPA is viewed by privacy experts as the "gold standard" because it gives individuals the right to sue the offending company. And, according to a 2019 Illinois Supreme Court ruling, you don't need to prove that the violation resulted in actual harm to sue.
David Morrison represents clients in single plaintiff, collective action and class actions brought under privacy laws, including BIPA. In the article, he says that the 2019 Illinois Supreme Court ruling "opened a flood of litigation," and noted that even technical violations carry penalties, which range from $1,000 to $5,000 per affected individual.
In 2022, Google settled a $100 million lawsuit in Illinois over the face grouping feature. Meta has also been subject to multiple lawsuits concerning the tracking of its users without their consent, including a $650 million settlement for violating BIPA.
CLICK HERE to read the full article.
