Amicus arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland.

Because each stage of Facial Recognition (FR) carries a risk of error, due process and Brady require disclosure concerning every step (pp. 6–7). The five steps are: (1) the probe photo used, (2) the database selected, (3) any photo editing performed, (4) the algorithmic search, and (5) human review (pp. 6, 9–13). The brief explains that FR has particularly high error rates when applied to people of color, women, elders, and children (p. 8). Low-quality or edited probe photos increase error (pp. 10–11), and many FR databases are skewed by overrepresentation of minorities (pp. 12–13). Algorithms operate as “black boxes” with differing reliability (p. 13), while human review is subject to the same biases as eyewitness identification (p. 13). Because the risk of error varies at each stage and may be exculpatory, defense counsel is entitled to full discovery of the FR process, including the algorithm and analyst, both of whom function as impeachable “witnesses” (pp. 26–27). Defenders can use this brief to argue for comprehensive discovery of FR methods and to frame challenges to the admissibility or reliability of FR-based identifications.