Without even looking at the AI part, I have a single question: Did anybody investigate? That's it.
Whether it's AI that flagged her, or a witness who saw her, or her IP address appeared on the logs. Did anybody bothered to ask her "where were you the morning of july 10th between 3 and 4pm. But that's not what happened, they saw the data and said "we got her".
But this is the worst part of the story:
> And after her ordeal, she never plans to return to the state: “I’m just glad it’s over,” she told WDAY. “I’ll never go back to North Dakota.”
That's the lesson? Never go back to North Dakota. No, challenge the entire system. A few years back it was a kid accused of shoplifting [0]. Then a man dragged while his family was crying [1]. Unless we fight back, we are all guilty until cleared.
[0]: https://www.theregister.com/2021/05/29/apple_sis_lawsuit/
Yes, of course someone should have investigated, but the larger point here is that people don’t because they are being sold a false narrative that AI is infallible and can do anything.
We could sit here all day arguing “you should always validate the results”, but even on HN there are people loudly advocating that you don’t need to.
Society went through the necessary lessons with DNA and fingerprints. Putting people in jail because the computer produce a match is a terrible idea, especially when its done by an proprietary dark box that no one really understand why it claims there is a match. It can be used as a tool of investigations to give the investigators an hint to find real more substantial clues, but using it like in fiction where the computer can act as the single truth is terrible for society and justice.
A month ago or so people on HN discussed facial recognition when looking victims and perpetrators in child exploitation material, and people were complaining that meta did not allow this fast enough. Neither the article or the people in that discussion draw any connection that the issues in this article could happen. People seemingly want to think that the lesson is "Never go back to North Dakota", as that is a much easier lesson than considering false positives in detection algorithms and their impact on a legal system that is constrained in budget, time, training and incentives.
I think you missed many important points.
"The trauma, loss of liberty, and reputational damage cannot be easily fixed,” Lipps' lawyers told CNN in an email.
That sounds a LOT like a statement you make for before suing for damages, not to mention they literally say "Her lawyers are exploring civil rights claims but have yet to file a lawsuit, they said."
This lady probably just wants to go back to normal life and get some money for the hell they put her in. She has never been on a airplane before, I doubt she is going to take on the entire system like you suggest. Easier said than done to "challenge the entire system", what does that even mean exactly?
IANAL but AFAIK custodial interrogation triggers Miranda, lawyers, and those awful awful civil liberties we’re trying to get rid of.
Better just to apply Musk or Altman software to the problem and avoid it entirely.
> Whether it's AI that flagged her
It absolutely was. There's no question of this. Now we need to ask how was the system marketed, what did the police pay for it, how were they trained to use it?
> anybody bothered to ask her "where were you the morning of july 10th between 3 and 4pm.
Legally that amounts "hearsay" and cannot have any value. Those statements probably won't even be admissible in court without other supporting facts entered in first.
> we are all guilty until cleared.
This is not at a phenomenon that started with AI. If you scratch the surface, even slightly, you'll find that this is a common strategy used against defendants who are perceived as not being financially or logistically capable of defending themselves.
We have a private prison industry. The line between these two outcomes is very short.
The thing about the legal system is there's no incentive to investigate to find the truth.
The incentive is to prosecte and prove the charges.
Speaking from the experience of being falsely accused after calling 911 to stop a drunk woman from driving.
The narrative they "investigated" was so obviously false, bodycam evidence directly contradicted multiple key facts. Officials are interested only seeking to prove the case. Thankfully the jury came to the right verdict.