It isn't obvious, no. If I drop a hammer on my foot and break my toe I can't then blame the hardware store or the manufacturer. If the store didn't carry hammers I wouldn't have been able to purchase it, I think to myself. Then I couldn't possibly have dropped it on my foot, thus my toe wouldn't be broken right now. It's a specious line of reasoning.

It doesn't matter in the slightest by what means she was selected to "win" this particular lottery. The tool rolling the dice isn't to blame. Tools (and people!) will occasionally return spurious results. Any system needs to be set up to deal with that.

So no, I honestly don't see what facial recognition software has to do with gross negligence and process failure on the part of multiple government agencies.

> without taking reasonable care to ensure said representation is correct in each and every case.

Only if that was part of the contract. Was the product delivered according to specification or not?

What if ICE used FOSS tools to put together the list themselves? Are the tools still to blame? That would obviously be absurd.

The only way the provider (never the tool) could be at fault would be something such as willful negligence or knowingly and intentionally attempting to manipulate the user's actions to some end.

What you don't seem to understand is that human negligence can't be foisted off on tools. Of course an abuser will try to play his actions off as legitimate. That isn't the fault of the tool, it's the fault of the abuser. It isn't up to an app to determine the legitimacy of LEO agent actions. Neither is it the responsibility of an arbitrary, fungible government contractor to oversee ICE.

I think you're confusing the morality of participating in a broader ecosystem with moral culpability for the process failure associated with a specific event. You can advance a reasonable argument that AI companies that choose to do business with ICE are making an at least moderately immoral decision. However that doesn't place them at fault for the specific process failures of any particular event that happens.