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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`DAVID MUTNICK, for himself and others
`similarly situated,
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`Plaintiff,
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`v.
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`CLEARVIEW AI, INC., et al.
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`Defendants.
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`Case No. 20 C 512
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`Judge Sharon Johnson Coleman
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`Magistrate Judge Maria Valdez
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`PLAINTIFF’S NOTICE OF SUPPLEMENTAL FACTUAL INFORMATION IN
`SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
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`Plaintiff David Mutnick, through his attorneys, respectfully notifies the Court that on April
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`16, 2020, it was disclosed that Defendant Clearview AI, Inc. (“Clearview”) recently experienced
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`another serious data security breach, providing further grounds for Plaintiff’s requested
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`preliminary injunction (Dkt. 31-32). In his preliminary injunction motion, Plaintiff Mutnick
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`predicted that “given Defendants’ lack of concern for data security and their new-found notoriety,
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`it is extremely likely that Defendants will experience additional and more severe data breaches,
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`further injuring those whose data they wrongfully acquired in the first place.” Dkt. 32 at 13. He
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`was right.
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`According to Tech Crunch – a top online source for breaking technology news – a
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`cybersecurity expert recently revealed that Defendant Clearview had a “misconfigured server” that
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`“exposed the company’s internal files, apps and source code for anyone on the internet to find.”
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`Exhibit 1 at 1.1 As a result of the security breach, anyone could run Defendant Clearview’s
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`1 Zack Whittaker, Security Lapse Exposed Clearview AI Source Code, Tech Crunch (Apr. 16, 2020),
`https://techcrunch.com/2020/04/16/clearview-source-code-lapse/ (last accessed on Apr. 16, 2020).
`1
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`Case: 1:20-cv-00512 Document #: 39 Filed: 04/17/20 Page 2 of 3 PageID #:184
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`application software and access its biometric database that contained the biometric identifiers and
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`information of over 3 billion individuals, including Plaintiff and Class Members. See id. at 1-2.
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`Moreover, the security breach revealed that Defendant Clearview’s server had 70,000 videos of a
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`lobby in a residential building that showed residents entering and leaving the building. Id. at 3.
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`Upon being confronted about the security breach, Defendant Hoan Ton-That conceded that
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`Defendant Clearview “‘experienced a constant stream of cyber intrusion attempts . . . .’” Id. at 2.
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`While Defendant Ton That contended that Defendant Clearview was investing in increased
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`security, Tech Crunch reported that Defendants sought to conceal the security breach at issue by
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`offering to pay the cybersecurity expert in return for a nondisclosure agreement. See id. at 2-3.
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`Based on Defendant Ton-That’s above-described statement and Defendant Clearview’s
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`attempt to conceal the security breach, it is clear that the biometric identifiers and information of
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`Plaintiff and Class Members that Defendants unlawfully collected and possess are not safe or
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`secure. Accordingly, the Court should grant Plaintiff the requested preliminary injunction which
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`seeks, among other things, that the Court preclude Defendants from continuing to possess the
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`biometric identifiers and information of Illinois residents without taking adequate and reasonable
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`measures to ensure the security of the identifiers and information.
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`Dated: April 17, 2020
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`Respectfully submitted,
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`/s/ Scott R. Drury
`SCOTT R. DRURY
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`Arthur Loevy (arthur@loevy.com)
`Michael Kanovitz (mike@loevy.com)
`Jon Loevy (jon@loevy.com)
`Scott R. Drury (drury@loevy.com
`LOEVY & LOEVY
`311 N. Aberdeen, 3rd Floor
`Chicago, Illinois 60607
`312.243.5900
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`2
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`Case: 1:20-cv-00512 Document #: 39 Filed: 04/17/20 Page 3 of 3 PageID #:185
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`CERTIFICATE OF SERVICE
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`I, Scott R. Drury, an attorney, hereby certify that, on April 17, 2020, I filed the foregoing
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`document using the Court’s CM/ECF system, which effected service on all counsel of record.
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`/s/ Scott R. Drury
`One of David Mutnick’s Attorneys
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