Experience more than 40 face apps： dozens don’t even have a Privacy Policy.

　　Before changing face

　　After changing face

　　Overnight, ZAO, a face-changing software, became so hot that the server couldn’t carry it. Yesterday, a large number of users complained on social platforms that they could not generate videos after downloading the software. Along with the server, there is also a user agreement of about 6,000 words on the platform, which has been accused by many legal experts of "excessively demanding portrait rights". Subsequently, ZAO quickly revised the agreement, removing the clause that the user’s photos and videos are irrevocable and the platform is permanently authorized for free use, and said that the user’s videos will be kept in the server according to the law, but this can’t dispel people’s concerns that the face privacy information may be abused or stolen. At the 2019 World Artificial Intelligence Conference, some experts have pointed out that artificial intelligence should be tied with a "seat belt" in time. In order to further prove the security of similar face apps, the reporter experienced more than 40 apps involving face information recognition and found many problems.

　　event

　　AI face-changing software server "tired collapse"

　　"I played opposite Hugh." "I have crossed to Story of Yanxi Palace!" On the evening of August 30th, a large number of netizens posted small videos co-starring with stars on social platforms. The "mystery" is to upload a personal photo from the face-changing software ZAO, and then select the clips you want to play and the stars you want to replace. The reporter uploaded an online photo and made a video. After waiting for 1 minute, the video is generated. The replacement video chosen by the reporter is several films and TV works by Marilyn Monroe. In the replaced video, the girl’s facial features are blended with Marilyn Monroe in the video, and her expression is natural.

　　"The server that cost 7 million yuan this month has already consumed 1/3 tonight." On the evening of 31st, ZAO official Weibo issued such a sigh. However, even so, this software still can’t meet the needs of a large number of users. At that time, "ZAO collapsed" quickly became a hot topic in Weibo.

　　The reporter actually found that at 20: 00 on the 31st, uploading photos on the platform and clicking "Create Video", the page shows: The current manufacturing task is full and cannot be manufactured; At 23: 30, after the reporter logged in with another account, the platform displayed "The current server manufacturing volume is too large, please try again later." At the same time, ZAO has soared to the second place in the free App list of Apple’s mobile App Store.

　　At 7 o’clock yesterday morning, the reporter tried again and found that the platform was running back to normal. At 10 am, when the reporter made the video, the server showed "Busy" again and returned to the "exhausted" state.

　　progress

　　User agreement adds "special tips"

　　The reporter noticed that the information security of the software triggered a heated discussion. User bad reviews mainly focus on the platform user agreement. On August 30th, Paragraph 1 of Article 6 of the user agreement of the platform stipulated: "Before you upload and/or publish user content, you agree or ensure that the actual owner agrees to grant ‘ ZAO’ And its affiliates and ‘ ZAO’ Users’ global rights are completely free, irrevocable, perpetual, sublicensable and sublicensable, including but not limited to the ability to modify and edit user content in whole or in part … … And the dissemination of information on the user’s content before and after modification, as well as all the property rights and adjacent rights of works enjoyed by copyright owners as stipulated in the Copyright Law.

　　Some users accuse the platform of "using users’ psychology of not carefully reading the contents of the terms to permanently use users’ portrait rights"; There are also users who are worried that their "face information will be used for illegal and criminal activities" because they can’t delete the photos after uploading them.

　　On the evening of August 31st, ZAO added a "special reminder" at the beginning of the user agreement, "The related contents (short videos uploaded by you and your face, etc.) that you authorized to ZAO based on this agreement and your use of ZAO’s related services, ZAO is only used to provide you with the service of uploading/publishing short videos and using technology to partially modify short videos on the platform to generate new short videos, and the related contents will be kept on ZAO in strict accordance with the provisions of relevant laws and regulations. ZAO will not use the above content in any other form or purpose unless it is to improve the service provided by ZAO or to obtain your consent again. "

　　survey

　　The "overlord" clause is not uncommon.

　　There are not only ZAO apps involved in face information recognition. After experiencing more than 40 apps involved in face information recognition, the reporter found that the "overlord" clause similar to ZAO is not uncommon. For example, in the User Agreement of an App named "Face Recognition System", clause 3.1.2 stipulates that "you are the only person responsible for your user content, and you will bear the risk that you or any third party will be identified due to the disclosure of your user content." For another example, Section 2.4 of the User Agreement of the face-changing App“Face link "stipulates that" Face link "provides users with legal and healthy products and services, but users should bear their own responsibilities and risks for their use, and under no circumstances will they be liable for special, unexpected, direct or indirect losses caused by the use or inability to use the provided services.

　　None of these more than 40 apps has a check button on the registration login page, and they are all registered through social media accounts such as mobile phone numbers or WeChat. Users who are anxious to log in and try it out may not know what "overlord clauses" they have accepted after the registration page flashed by. After registration, users must agree to authorize the provision of equipment information and other rights before they can continue to use it. Moreover, there are less than 10 User Agreements of the App, which make special tips on the collection and use of face information at the beginning of the agreement, and set the terms about face information in the user agreement.

　　The reporter also found that dozens of face-changing apps have no User Agreement and Privacy Policy at all.

　　remind

　　Legal experts:

　　"Face-changing" App should be used as little as possible or not.

　　Chen Genfa, an associate researcher at the Institute of Law of the Chinese Academy of Social Sciences, told the reporter that the Personal Information Security Code stipulates that sensitive personal information uploaded by individuals that can identify facial features should obtain the express consent of the subject of personal information when collecting personal sensitive information. We should ensure that the express consent of the subject of personal information is a concrete, clear and explicit wish expressed voluntarily on the basis of full knowledge. "The" Identification Method for the Illegal Collection and Use of Personal Information by App (Draft for Comment) "issued by the Central Network Information Office in May this year also clearly stipulates that users should be prompted to read the privacy policy through pop-ups and links during the installation and use of App, and the privacy policy links and texts should also be displayed normally. Sensitive personal information such as face collection should also make special tips at the beginning of the agreement. "

　　Lawyer Wang Ying, a partner of Rongshang Law Firm, stressed to reporters the necessity of strict supervision over the use of portraits: "Supervision cannot be advanced but must be delayed, because too advanced supervision will definitely hinder the development of science and technology. But the application of science and technology should be limited. When the relevant supervision has not kept up for the time being, enterprises should also assume their social responsibilities. "

　　Wang Ying believes that the abuse of information will inevitably infringe innocent people’s rights of portrait, reputation and personal privacy, and the setting that users must agree by default is definitely wrong, which is suspected of overlord clause. "For details, please refer to the controversy of Alipay’s Sesame Service Agreement in 2017."

　　Lawyer Wang Ying said that the Law on the Protection of Consumer Rights and Interests clearly stipulates that consumers have the right to choose, and the default consent must be stipulated by law or agreed by both parties in advance. "If these two have no, the program chose to automatically check, it must be wrong. It is suspected that the platform evades responsibility and restricts consumer rights. "

　　Jin Xiang, the chief lawyer of Beijing Jingjian Law Firm, carefully interpreted the terms of ZAO user agreement. He reminded that just for entertainment, freely providing your own portrait for use on the above-mentioned App is really doing more harm than good in the current network environment and the legal supervision of such new things is almost blank. It is recommended that users use it with caution and try to use it as little as possible or not before they understand the legal consequences of using it.

　　extend

　　Internet experts:

　　Artificial intelligence should fasten your seat belt in time.

　　"In fact, it can be understood that the portrait is your ID card, or a part of your identity information database." Liu Xingliang, dean of DCCI Internet Research Institute, said that with the more and more extensive application of face recognition, every ordinary portrait has become an important part of identity information. "In layman’s terms, portraits are as important as ID number, your mobile phone unlock password, voice, fingerprints, etc."

　　Fan Yi, an information security engineer, said that in the field of face recognition, the official application is more trustworthy. "We often meet, like the railway system, which is a relatively safe face recognition application with official background." However, he also stressed: "We are used to it. The password cannot be told to others, and the ID number and bank card number cannot be disclosed at will. But our own faces, but not enough attention. The face-changing App is fun to play, but the hidden dangers behind it are not taken seriously. " Fan Yi revealed that it is still unclear where the stolen portrait will be applied, but its potential hidden dangers cannot be ignored. "Now the online car platform requires drivers to complete face recognition before taking orders to ensure safety. If the face-changed driver passes face recognition, passenger safety cannot be discussed. "

　　At the 2019 World Artificial Intelligence Conference, Ma Huateng, Chairman and CEO of Tencent, said that in the governance of AI, it is necessary to lead all-round governance with "science and technology being good" to ensure that AI is "knowable", "controllable", "available" and "reliable". Shen Xiangyang, global executive vice president of Microsoft, said that today we are the inventors of artificial intelligence, and it is absolutely impossible and should not wait until 80 years later to put a "safety belt" on artificial intelligence.

　　Hu Decheng Zhou Mingjie Sun Yi

　　Yin Chengyue Yuan Lu Li Huanyu

　　Cartography Wu Wei