Feature Unavailability

Google confirmed that its Gemini‑driven Ask Photos feature is not accessible to users in Texas and Illinois. The company told reporters it is working to determine how to make the feature available to more users, but gave no further explanation for the current limitation.

Legal Background

Industry reporting points to two recent settlement agreements as the likely cause. In 2022, Google settled an Illinois class‑action lawsuit concerning the collection of biometric data through Google Photos for a substantial monetary amount. Earlier this year, the company reached a settlement with Texas over similar claims, involving a larger sum. Both cases centered on the use of facial recognition technology that groups images of the same person, a function integral to Ask Photos and the related Conversational Editing tool.

State privacy statutes require informed consent for the collection of biometric identifiers. While photographers typically agree to Google’s terms of service, the subjects appearing in the photos have not provided such consent, creating a legal dilemma for the company.

Feature Functionality

Ask Photos allows users to ask natural‑language queries about their image libraries, such as requesting a list of cities visited or the best photo from each national park. Conversational Editing enables users to modify images using spoken or typed commands, a capability that debuted on the Pixel 10 series and later expanded to other Android devices.

Implications

The restriction highlights the tension between advanced AI features that rely on biometric data and evolving privacy regulations. Google’s cautious approach suggests it may be reevaluating how to implement facial‑recognition‑based tools in jurisdictions with stricter consent requirements.

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