Black box technology, particularly face recognition technology (FRT), raises significant concerns in the criminal legal system. Recent legal actions, including amicus briefs filed in New Jersey, emphasize the necessity for transparency regarding FRT used in investigations. In cases like State of New Jersey v. Arteaga and State of New Jersey v. Miles, courts have recognized that defendants have a right to access detailed information about the FRT, including its operation and error rates. This disclosure is crucial for ensuring accurate evidence and maintaining due process rights in criminal prosecutions.
The use of face recognition technology in criminal investigations requires transparency to ensure defendants can challenge its reliability and uphold their due process rights.
In the case of State of New Jersey v. Arteaga, the court ruled that prosecution must disclose detailed information about the face recognition technology used for identification.
The amicus brief argues that without information on source code and error rates, defendants lack the means to effectively scrutinize the evidence presented against them.
The ongoing legal battle highlights the critical need for transparency in law enforcement's use of black box technologies in order to protect individual rights.
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