In the rapidly evolving world of artificial intelligence, Google has rolled out innovative features for its Photos app, allowing users to edit images conversationally with AI. But for residents of Texas and Illinois, these tools remain frustratingly out of reach. The restriction stems from stringent state privacy laws governing biometric data, highlighting a growing tension between technological advancement and personal privacy rights.

Google’s ‘Ask Photos’ and related AI editing capabilities, powered by models like Gemini Nano, enable users to search and modify photo libraries using natural language. Features include generating personalized edits, such as adding elements to images or refining searches with context-aware queries. However, as reported by CNET, these are unavailable in Texas and Illinois, prompting questions about the underlying causes.

The Privacy Law Labyrinth

Legal experts point to biometric privacy statutes as the culprit. Illinois’ Biometric Information Privacy Act (BIPA), enacted in 2008, requires companies to obtain explicit consent before collecting or using biometric identifiers like facial scans. Texas has a similar law, the Capture or Use of Biometric Identifier Act. According to CNET, which consulted lawyers, the issue likely ties to Google Photos’ Face Groups feature, which uses facial recognition to organize images—essentially collecting biometric data.

“The collection of biometric data through facial recognition is heavily regulated in these states,” said attorney Sharon Sandeen, a professor at Mitchell Hamline School of Law, in the CNET article. This regulation has led to multimillion-dollar settlements for tech giants, including Google’s own $100 million payout in 2022 over BIPA violations related to Photos.

Google’s Past Legal Battles

Google’s history with biometric privacy lawsuits underscores the caution. In 2019, a class-action suit accused the company of violating BIPA by scanning faces in photos without consent. As detailed in reports from Reuters, Google settled for $100 million without admitting wrongdoing, but the case set a precedent for how AI features involving facial data are handled in regulated states.

Recent expansions of Google Photos’ AI, announced in a TechCrunch piece dated November 11, 2025, include new editing tools powered by the Nano Banana model, expanding to over 100 countries. Yet, as TechCrunch notes, these advancements come with caveats in the U.S., where state-specific laws create patchwork availability.

State-Specific Regulations in Focus

Illinois’ BIPA is particularly robust, allowing private citizens to sue for violations, with damages up to $5,000 per willful infraction. Texas’ law, while less litigious, prohibits capturing biometrics without informed consent. WebProNews reported on October 2025 that Google’s Ask Photos is blocked in these states due to these laws, citing past settlements as a driving factor.

“This highlights regulatory challenges for AI deployment,” according to the WebProNews article, emphasizing how companies like Google must navigate a fragmented legal landscape to avoid costly litigation.

Broader Implications for AI Innovation

The restrictions aren’t isolated to Google. Similar issues have affected other apps; for instance, a 2018 tweet highlighted by X users noted that Google’s Arts & Culture app’s face-matching feature was unavailable in Texas due to biometric laws, as referenced in posts on X about strict facial scan regulations.

Industry insiders see this as a bellwether for AI’s future. A 9to5Google report from October 16, 2025, confirmed that face grouping in Photos might be the root cause, with Google opting for caution to comply with laws. “Google’s AI-powered Ask Photos and conversational editing features are a large part of the Pixel lineup,” the site stated, but availability is curtailed in these jurisdictions.

Tech Giants’ Compliance Strategies

To mitigate risks, companies are adapting. Meta faced a $650 million BIPA settlement in 2021, as covered by The New York Times, leading to feature disables in Illinois. Google, per its blog post on August 20, 2025, allows AI edits via voice or text globally but excludes sensitive regions.

Experts like those quoted in Startupnews.fyi’s November 16, 2025, article suggest Google could seek user consent for biometrics, but the company has chosen restriction over potential legal exposure. “Residents of two of the most populous states in the US, Texas and Illinois, are unable to access a new AI editing tool,” the publication reported.

Evolving Legal Landscape

As AI integrates deeper into consumer tech, states are tightening rules. Colorado’s 2024 law on deepfakes, mentioned in X posts from Secretary of State Jena Griswold, requires disclaimers for AI-generated political imagery, signaling broader scrutiny.

Android Headlines, in an October 2025 piece, explained that Ask Photos and Conversational Editing are missing in these states “due to law,” with biometric privacy at the core. This uneven rollout, as TechRadar noted on November 12, 2025, frustrates users, with features like scam alerts also U.S.-only initially.

Industry Reactions and User Sentiment

On platforms like X, discussions reveal user frustration and awareness of these laws. Posts reference how AI-generated content faces restrictions, with one noting Texas’ biometrics law blocking apps since 2018. Engadget’s November 11, 2025, coverage of Google Photos’ six new AI features highlights U.S. rollouts but omits state exclusions explicitly.

Legal scholars anticipate more states may adopt BIPA-like measures. “It’s unusual,” said CNET in its analysis, consulting lawyers who predict that without federal uniformity, tech firms will continue geo-fencing features.

Future Prospects for AI Accessibility

Google’s strategy may evolve with ongoing litigation. A Nerdschalk article from November 11, 2025, detailed the rollout of AI upgrades for U.S. users in select regions, emphasizing easier editing but acknowledging gaps.

Ultimately, this state-by-state variance could spur calls for national privacy standards, balancing innovation with protection. As AI becomes ubiquitous, resolving these conflicts will be key for companies like Google to deliver seamless experiences nationwide.