Browsers need an obvious visual indicator (with accessible fallback for users of assistive technology) when the browser determines that event handlers are captu

Browsers need an obvious visual indicator (with accessible fallback for users of assistive technology) when the browser determines that event handlers are capturing this data to be sent to a third party. In fact, there have been studies [0][1][2] (with [0] funded twice by DARPA to the tune of $2.26 million) suggesting that mouse movements and typing patterns can be used as a form of biometric ID. Who will be the first state to include this type of data, collected at scale, in their definition of “biometric identifiers?” For example, Illinois’ “Biometric Information Privacy Act (BIPA)” [3] currently defines biometric identifiers as “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.” BIPA allows a private right of action (rather than empowering only a state Attorney General to pursue violations, like Texas’ “Capture or Use Biometric Identifier Act (CUBI)” [4]. That private right of action has led to a number of successful class-action suits against large social networks, such as Facebook [5] and TikTok [6]. My wife and I both got a >$300 check from the Facebook suit. The TikTok suit is currently being appealed. [0]: https://phys.org/news/2013-11-iowa-state-keyboard-mouse-mobile.html https://phys.org/news/2013-11-iowa-state-keyboard-mouse-mobi... [1]: https://doi.org/10.1109/SP46214.2022.9833612 https://doi.org/10.1109/SP46214.2022.9833612 [2]: https://doi.org/10.1016/j.ins.2012.02.066 https://doi.org/10.1016/j.ins.2012.02.066 [3]: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&ChapterID=57 https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&C... [4]: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.503.htm https://statutes.capitol.texas.gov/Docs/BC/htm/BC.503.htm [5]: https://www.facebookbipaclassaction.com https://www.facebookbipaclassaction.com [6]: https://www.tiktokdataprivacysettlement.com https://www.tiktokdataprivacysettlement.com