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You are missing out an important part

> without consent ... invades an individual’s private affairs and concrete interests

Consent, privacy, and concrete interests (possibly includes systematically influencing politics) are all central to this debate.

Secondly, the law is not alien to punishing the same outcome differently based on the tool used. Punching someone, knifing someone, shooting someone, or throwing a bomb at someone will carry different punishments - even if the resultant harm to the victim is roughly the same.




Bingo!

If FB trains to recognize the face of some friend of an FB user, but that friend is not on FB, and never previously signed up for FB, then FB would be clearly in violation.

I think FB does this when people tag friends? I'm not sure though?

You upload a pic of a night out. Tag all your friends in it. And one of those friends is not, and never has been, on FB. Well, clearly, that guy never gave FB consent. And FB is doing it all without his knowledge.




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