In the photo array, Dillon’s face was “surrounded by five fillers—chosen to resemble Mr. Dillon, not the suspect,” so “Dillon became, almost by definition, the person in the array who most closely resembled the suspect” recalled by the McDonald’s manager, the lawsuit said. O’Connell did not display the photo array to the victim, the lawsuit said.
The 93 percent figure is a confidence score, which “is a measurement of digital proximity between two mathematical templates” and “not a measurement of a probability that the two images depict the same person,” the lawsuit said. Facial recognition algorithms vary based on how they were designed and trained, making it difficult to
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