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Comment by ProllyInfamous

3 days ago

Home Depot's self-checkouts are using this facial ID to build/maintain their shoplifting database — this tracks thefts by the same person across multiple visits, and is used over time to build up a case against errant self-checkout-ers (i.e. to get them above a theft threshhold, at which point prosecution becomes easier).

There is also CCTV AI (whether artificial intelligence, or actually indians) which can intervene with your self-checkout process to "remind" you that you didn't actually scan everything.

Beware that face detection may not be an issue under BIPA if it's not storing biometric markers [1], only a hash. As an engineer, and concerned citizen, I'd say that's a thin line as far as privacy protections go, but apparently the law disagrees and face detection tech suppliers are well-aware on how to monetize on the discrepancy [2]

In any case, the plaintiff will most likely be able to take the case to discovery.

[1] https://lewisbrisbois.com/newsroom/legal-alerts/2024-bipa-de...

[2] https://alcatraz.ai/blog/face-authentication-vs-face-recogni...

  • Probably discovery and a settlement to avoid a trial on this. BIPA has statutory payouts which will cripple you (rightly or wrongly). Statutory fines can be an awesome way to vindicate the public's rights and stop companies being assholes. It's way easier to litigate and settle a case than using torts.

I've noticed at supermarkets here that of the dozens of times those 'you haven't scanned something' warnings have come up, only one time the item hadn't actually scanned when I thought it had. Every other time has been a false positive for me. They're pretty dodgy, the workers always seem pretty frustrated with it as they go around clearing them for people (sometimes a handful of people waiting, falsely accused by the machines)...

  • All of the places around here that had first-gen units with a scale on the packing side (to make sure you actually scanned eg a banana and not a two pound block of cheese, yet were constantly wrong) have replaced them with newer versions that don't have scales or any other way that I can see to validate that what you scanned is what you put into your bag.

    I'm not sure where I would find the data to back this up, but since it seems like an across-the-board change I imagine the labor savings have proven to outweigh (heh) the inventory shrinkage.

    To me, the Uniqlo system where everything has an RFID tag and the machine just automatically scans the contents of your basket is the platonic ideal but I know that comes with issues of its own in different retail contexts.

    • The horrible scale system of self-checkouts brought my anxiety to a fever pitch. Any slight adjustment to the bag or moving anything around would literally set off an alarm for "assistance." Still gives me low-key ptsd even though I know they don't use them anymore.

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  • Fun fact: the self checkout attendant usually has a button on a portable device that can remotely unlock your session.

    They aren't allowed to use it and instead are required to physically walk up, move the customer out of the way, and push the same button on your screen.

    • I think CostCo's self-checkouts are best designed/staffed. Other than not accepting cash, they are my favorite (even though still verify scanning of each item, verified by bag-area weighing).

      WalMart has two popular designs within my city (not sure if one is just un-updated, yet¿) — their type which accepts half dollars is my favorite cash design.

      I have seen designs which don't weigh each item, allowing simultaneous scanning... that also call an attendant to verify if it thinks you snuck an item by (then plays a loop/clip of its alleged violation).

      Personally, I have a family member that works as attendant to a dozen self-checkouts... and it seems like it would make more corporate sense to have more human checkers and only allow cash with them.

  • The worst part for me is when they prevent you from scanning the same item twice.

    Yes, I want 2 boxes of cereal.

    I just find it easier to go to a cashier.

    • There's a smaller grocery store here where the self checkouts actually advertise that you can scan two things before putting them away (and you can!). It really should be standard.

    • We should all go to the cashier anyway. I’m not a store employee and I don’t do their work. Besides, if the cashier fucks up it isn’t my problem.

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    • I always go to a cashier. Every damn time the self checkout is open, there are two or three employees standing around doing nothing while one runs around fixing all the errors and does all the ID checks. If those people has just been in a regular checkout area, all those customers waiting at self checkout would have been out of the store already. Self checkout is a fucking joke 90% of the time.

    • you have to put the item on the scale before it lets yo uscan the next item. So you can scan the same item twice if you scan it once, put the other item on the scale, and scan the item again.

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  • This is an important observation as you now have a mechanism to obtain free things from the megacorp of your choosing.

> There is also CCTV AI (whether artificial intelligence, or actually indians)

That's a new one. It's clever but I feel guilty having laughed.

  • Why guilty? The Indians are doing their job that stupid tech companies pay them for. The phrase has nothing to do with Indians but rather with unmasking the "AI washing" done by companies trying to drive up stock prices.

Not just easier, they’re probably waiting until the cumulative value leads to felony theft charges.

  • How would that work? If they have video from a year ago that looks like a person pocketing some item, what good is that without them showing that the person actually had possession of the item after they left the store?

    • I've seen a lot of discovery in these criminal cases from Walmart. They do typically wait until the loss reaches a certain point before acting and then they will come with a mountain of photos and videos showing the offender picking up the items all the way to them leaving the store on each visit.

      I remember one I saw where the guy was filling two shopping carts with laptops at each Walmart, each one so high he could barely see over them. Then pushing the two carts out through the tire shop area. Did this at multiple stores. Walmart only called the cops once it was over $60K estimated loss.

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  • Without justifying the theft, isn't it weird that they get rid of cashiers at registers which would scan your items, and thus prevent theft, put computers in place and then rely on software to shift the burden of solving theft to the public?

  • This is another example of the poor being punished harder. A desperate mother who steals repeatedly will reach felony levels and spend years in prison or face deportation, but a rich teen who steals for fun will stay below felony and get away Scott free.

    • Rich kid can also keep stealing and face felony. Don't defend stealing.

      Also if you're stealing as an immigrant, you should be deported without any questions asked.

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Im not sure we should allow such premeditated charge stacking, it is just further weaponizing the law and fueling our prison industrial complex for zero gain to society. Who is to say many of those people wouldn't have stopped after being caught and charged the first time? Imagine if cops sat on the side of the road not pulling people over, just recording minor traffic offenses in a file, and then a year or so later drop 10+ charges on a person all at once and turning the collective charges into felony reckless driving charges? People would be outraged and nothing of worth would be gained.

  • I thought it was because the stores can't press charges if it's a small thing, so the only way they can bring any action is to build a case.

    • I have yet to see any actual evidence of such a problem, just a bunch of outrage from social media commentators who also claim things like Portland was burnt to the ground by BLM and other hyper-exaggerated crap.

      And even if it is true, I still don't see why premeditated charge stacking should be allowed. If someone comes into the store that they know will steal, they should be banned from the store and arrested for trespassing then and there. Shitty criminal justice policies does not justify creative abuses of the law by corporations or prosecutors. Having 25% of the world prison population, along with all the costs that go along with it does not benefit us, it only hurts us. And it has repeatedly been shown that stiffer criminal charges do not prevent crime, if it did the US would be one of the safest 1st world countries, not the most dangerous 1st world country by a large margin that makes countries without actual functioning government seem peaceful.

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    • Stores don't decide whether to charge someone with a crime, the prosecutor does. They probably wait for small to become big because shoplifting a small amount doesn't reach a high enough bar to make prosecuting likely.

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    • >I thought it was because the stores can't press charges if it's a small thing, so the only way they can bring any action is to build a case.

      Firstly, stores don't "press charges." A store may report a crime, but it is the state that "presses charges" and prosecutes alleged criminal activity, not the store.

      Secondly, in the US, we have statutes of limitation[0] which limit the time in which criminal charges can be brought. These vary by state and by offense, but IIUC Petit (sometimes referred to as 'Petty') Theft usually has a one or two year statute of limitations.

      I bring that up as, again IIUC, other countries (notably the UK) do not have such limitations.

      IANAL, but I'm not sure if multiple petit thefts (usually misdemeanors) can be aggregated into a single charge of grand theft[0] (a felony). I'd expect that also varies by state. YMMV.

      [0] Once again, this varies by state, but petit theft (larceny) is typically charged for stuff valued at less than $5,000.00, while grand larceny is for stuff valued at USD5,000.00 or more.

  • Or if your dealing with forgetful / tech confused old people. Now your putting 75 year olds in jail when a sooner alerting system would've made them notice if they were not using it correctly.

    • I'm not a trained cashier, if I forget to scan something it's not the same as theft. Not sure how it would play out in a court situation but this is always my go-to when I get accused of fucking something up in the store; also why I decline the receipt check at the door (legal in my state).

      Most professional cashiers are only trained in one merchant's POS. Suddenly, me a layman consumer is supposed to be a flawless operator of every variant of self-checkout POS that I encounter. It's a bit crazy to me that a court would side with a merchant unless some egregious evidence or pattern had could be demonstrated.

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  • Seems like proper punishment is only way to get deterrent effect. Or the courts to do their job. So to me this sounds like workable way, stack up the habitual offenders and send them to jail for a few months to few years setting them on straight path.

    • Do you have ANY evidence that sending someone to jail for a few months to a few years sets people on a straight path?

      I am pretty sure the evidence shows the opposite.

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    • Rehabilitation and support is not what "people" want. Political parties that want more punishment seldom want to spend money even on punishments. So it becomes impossible to put people on a straight path. Having courts do their job is very expensive as well so instead people build their careers on getting fast convictions of people. The thing that helps is consistently building a society that cares, you have to know that the society will certainly react to your actions.

      Having a hidden social credit system hidden and managed by a private actor seems like the worst way of doing it.

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    • >stack up the habitual offenders and send them to jail for a few months to few years setting them on straight path.

      I'm not sure if you have been to an American jail but they do not set folks on the straight path. They are basically Crime University, and the folks on the inside trade all kinds of information about how to crime more effectively, where to crime, what tactics police use and what neighborhoods are safest or most dangerous for police activity.

      I was thrown in lockup for a weekend for not changing my tags after moving and letting it escalate out of control and what I saw in that inner city lockup truly shocked me. Folks had incredible amounts of illegal goods on them (despite having been searched and thrown in jail) and were openly performing transactions, sharing "industry secrets" and coordinating for future work once they were out.

      If you have spent any time in an American jail or prison, I think you would be disabused of the notion that you can simply lock a criminal up for a few months and "fix" them. I would suggest that it's the opposite, a few months in jail turns a newbie criminal into a true amateur or journeyman with networking, education and future opportunities.

    • No, that's been disproved. Most people don't consider that they'll be caught and so the penalty isn't relevant to their thought process. What does deter is a high likelihood of being caught - so a small fine will be more effective if the detection/enforcement is sufficient. Also, it's often not feasible to tie up the courts and jails with minor offenders (e.g. speeding, using a bus lane etc).

    • I feel like if the rules are going to change like this, they should change fairly. A few months in jail for what would have been petty crime if not for the repetition seems excessive. If right now there's a lower cash value threshold for prosecution, the fair thing is that there should be a lower rate threshold. For example, someone shouldn't be jailed for stealing a thousand dollars worth of batteries over the course of ten years, I don't think.

  • Blame jurisdictions that made shoplifting up to $900 or similarly large amounts practically not-a-crime.

  • What you're describing is essentially the exact point system used for traffic infractions in many countries over the world. Driving 10 km/h above the speed limit? No biggie, you pay a fine. Do it three times? We take your license.

    • No, not "do it three times". "Get fined for it three times." That's the key difference; there's feedback from the system that's supposed to act as a corrective. What's being discussed here would be taking away someone's license sight unseen, with no previous lesser punishment having been administered.

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    • The difference is that you are informed and penalised each time, rightly giving you the option to change your behaviour. A police officer following a speeder to deliberately have enough offences to take their license immediately would be at least frowned upon in most jurisdictions.

  • Target is also known for building cases over time until more serious charges can be used.

  • Time to change your laws and/or prosecutors I'd say so those 'minor thefts' can and will be prosecuted resulting in fines which need to be paid - no ifs and buts. Get them early and get them (hopefully not that) often and you may be able to keep the majority of 'proletarian shoppers' on a somewhat less crooked path. If crime pays more people commit crimes, if shoplifting is not dealt with more people shoplift.

Ok so Ive heard this rumour spread around a lot and I still have yet to hear anyone back this up with anything beyond just speculation and hearsay. It also doesn't make sense.

This premise assumes two things for it to be true:

1. These stores have the technology to detect when you started a checkout transaction with an item, but said item was not scanned. 2. These stores have the additional technology to detect the cost of this item (afterall, if they're aiming for a threshold then they have to have some sort of monetary figure here).

I don't doubt that machine learning object detection can say, track a banana versus an apple. But I sincerely doubt its reliable enough where it can classify Mandarin oranges versus regular oranges. If the tech was reliable enough to do EITHER of these two technical abilities (let alone both of them at the same time), then the grocery would simply employ this technology as part of the self checkout process itself. Screw prosecuting people, just have them use this wizzbang auto detection self checkout where no scanning is needed.

Finally, I sincerely doubt that even with enough instances that you'd be successful in a prosecution that you actually could prove intent to shoplift versus say the much more likely fact that you forgot to scan an item or poorly scanned it. Again, to prove a serious intent then would subsequently have to build some sort of pattern analysis (i.e. you always stole expensive cheese or something) to make it obvious.

Has there been even a single prosecuted case someone can actually point to? It really doesnt make sense. I also could see this being thrown out because an argument could be made that the company sitting back and letting this continue to occur without intervention is tacitly allowing it to continue and thus sets a precedence that its allowable.

> i.e. to get them above a theft threshhold, at which point prosecution becomes easier

This feels like it should be illegal. Holding back on reporting or prosecuting until you think you're more likely to get a conviction or a bigger conviction, feels close to entrapment.

To do otherwise is just unnecessarily vindictive, showing that it's the punishment that matters more than the prevention.

  • The issue is that in many states now prosecutors refuse to prosecute for crimes under a certain threshold, cops often won’t even bother taking a report.

    A year ago my wallet was stolen. The guy went on a shopping spree until my cc companies started denying charges. In each store he made sure to spend less than $500, so individually there was no crime worth reporting. I did file it as $2k+ of stolen goods but afaik the cops never pursued it and the thief got away with it.

    The point is that from the store’s point of view the only way to prevent it is to wait for it to be a crime the SA will prosecute. It’s honestly shocking to me that people in these comments rush to defend thieves stealing power tools and stuff from Home Depot. There’s no argument to be made about them “stealing food for their staving families” this is very clearly purely about crimes of opportunity by selfish degenerates who have no interest whatsoever in the betterment of society.

    And btw, it’s possible that Home Depot does report every crime, but the only time anything happens is once it reaches that threshold that progressive SAs determine is worth prosecuting.

    • > I did file it as $2k+ of stolen goods but afaik the cops never pursued it and the thief got away with it.

      Hah. I had pretty good evidence when it came to my stolen laptop and iPhone when I was given a lead to the person selling them on eBay (essentially, someone bought the phone on eBay, tried to convince me to unlock it, and when I refused and the seller refused to take it as a return, he said "I know the real owners info and I'm giving him your info").

      His eBay page was a treasure trove. Probably 100+ phones for sale, most "without charger". Same, 50+ laptops, "no chargers or accessories".

      Contacted the police.

      "He probably didn't steal them himself" - Uhh, isn't selling knowingly stolen property still a crime?

      "..."

      They could not possibly have cared less.

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  • Is it really any different than the thief who steals things just under the felony limit...but does it every day?

    In Texas the felony limit is $2,500. Is stealing $1000 on Monday, $1000 on Tuesday, and $1000 on Wednesday really so much better than stealing $3,000 on Monday?

    • The delay gives you time to arrange a refund from Visa/Mastercard or to make an insurance claim, if you're a business. You don't really have to lose anything from theft. It's just a business expense for your insurance or card issuer.

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  • > feels close to entrapment

    It doesn't feel close to entrapment at all.

    Maybe you could argue they aren't doing their best to minimise losses and such aren't eligible for a full recovery of their losses, but not that the perpetrator didn't commit the offense.