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"Over a year later, I'm still picking up the pieces of my life, all because the police relied on this dangerous technology instead of doing their jobs and actually investigating," said Robert Dillon.
A federal lawsuit filed Wednesday in the Middle District of Florida by a Fort Myers resident wrongfully arrested nearly two years ago highlights the risks of police agencies relying on facial recognition tools.
"This case is about what happens when police let an error-prone artificial intelligence (AI) system stand in for an investigation," explains the complaint, filed by attorneys with the state and national ACLU as well as the firm Hoguet Newman Regal & Kenney. "A facial recognition algorithm flagged Robert Dillon as the man who tried to lure or entice a child under 12 years old at a Jacksonville Beach McDonald's. It was wrong."
The 52-year-old "lives more than 300 miles from" and "had never set foot in Jacksonville Beach," the complaint continues. "But rather than test the machine's answer against the evidence that would have cleared him, the officers built a case to confirm it. Mr. Dillon was arrested and prosecuted for one of the most stigmatizing crimes a person can face."
Dillon—one of at least 15 people wrongfully arrested in the United States due to police reliance on incorrect facial recognition results—is suing the city of Jacksonville Beach as well as law enforcement officers from the Jacksonville Beach Police Department, Jacksonville Sheriff's Office (JSO), and Pinellas County Sheriff's Office.
Reporting on the case Wednesday, Wired noted that while the Pinellas agency did not respond to a request for comment, a JSO spokesperson simply said that "due to pending litigation, we would be unable to comment further on the incident."
The actual suspect allegedly approached a girl at the McDonald's shortly before midnight on November 2, 2023. The following month, Dillon was flagged as a possible match by the Face Analysis Comparison and Examination System (FACES)—which "has been operated by the Pinellas County Sheriff's Office since 2001, making it one of the oldest police face-recognition systems in the country," according to Wired. "At its peak in 2021, its tens of millions of Florida mug shots and driver's license photos were accessible to more than 260 agencies."
After denying any involvement in the case in December, Dillon was arrested at his home in front of his wife the next August, "held overnight in jail, forced to borrow money and pledge the title to his truck to post bond, subjected to months of criminal prosecution, and publicly branded with a mugshot that remains accessible online, long after the charges were dropped," the complaint states. "Community members still approach him in public to ask about the case. He no longer feels comfortable being friendly to children."
"He had no connection to the McDonald's, to the child who was targeted, or to anyone involved in the crime. He became a suspect for one reason: a facial recognition algorithm included him in a list of possible matches to a suspect captured on grainy surveillance footage at the restaurant," the document emphasizes. "The investigating officer treated that algorithmic output as a near-certain identification, omitted critical exculpatory evidence from his arrest warrant application, and failed to pursue routine investigative steps that would have immediately excluded Mr. Dillon as a suspect."
"The arrest warrant that deprived Mr. Dillon of his liberty was the product of a cascade of investigative failures by the lead investigator, Jacksonville Beach Police Department officer (now corporal) Scott O'Connell," according to the filing. Among them was the officer's "complete failure to consider that the suspect was alleged to have been a 'regular' customer."
The complaint also notes that "O'Connell is an officer with a documented history of volatility and poor judgment, having previously been terminated from the St. Johns County Sheriff's Office for threatening to 'blow up' the agency, later reinstated, then arrested for domestic battery before resigning under the weight of those charges. Jacksonville Beach PD hired him anyway, assigned him as lead investigator on a sensitive child-luring case, and later promoted him to corporal after his investigation resulted in the wrongful arrest and prosecution of an innocent man."
Dillon said in a Wednesday statement that "the night I spent in jail after they arrested me for a crime I did not commit still haunts me to this day. I will never get over how terrified and worried I was, wondering if I'd ever go home to my wife and daughter again."
"Over a year later, I'm still picking up the pieces of my life, all because the police relied on this dangerous technology instead of doing their jobs and actually investigating," Dillon added. "Florida police must implement safeguards and ensure this never happens to anyone else, because until they do, nobody is safe."
Nate Freed Wessler, deputy director of the ACLU’s Speech, Privacy, and Technology Project, stressed that "no one should lose their freedom or be scared to leave their house because an algorithm got it wrong."
"These Florida police departments owe it to Mr. Dillon to make amends and to take serious steps to make sure this doesn't happen to anyone else," he argued. "Police across the country are on notice: Unreliable face recognition technology is hurting people, and we will keep fighting to hold them accountable for these abuses."
The ACLU has previously sounded the alarm over other cases, including those of Robert Williams, a Black man wrongfully arrested in 2020 after software owned by Michigan State Police misidentified him as a shoplifting suspect, and Randal Reid, who spent nearly a week in jail in 2022 after he was falsely identified as a luxury purse thief by Louisiana authorities.
The legal group on Wednesday also pointed to the reported role of FACES in the 2025 wrongful arrest of New Smyrna Beach resident Beau Burgess, as well as another case involving the Jacksonville Sheriff's Office: Jalil Richardson told Action News Jax earlier this month that after being misidentified as a vehicle thief, he "sat in there for over 50 days, in the most worst jail ever."
"There was no proper investigation done... to even reach out to me or to see if I was even in Florida," said Richardson, whose charges were dropped after he provided time sheets showing that he was at work in North Carolina when the vehicle was stolen.
In his case, JSO provided a lengthy statement, saying in part that "facial recognition software is just one tool in a large toolbox for investigators," and "calling the arrest the result 'police AI misidentification' is a catchy headline but does not provide accurate context," including that "the victim chose Mr. Richardson out of a photographic lineup to include other potential suspects."
Nicholas Warren, staff attorney at the ACLU of Florida, said Wednesday that "one wrongful arrest is one too many."
"Florida's growing reliance on facial recognition technology threatens us all," he warned. "We must stop this dangerous pattern before it traps more innocent people. No one should have their freedom taken away because the police rely on faulty technology."
"The pursuit of greater profits cannot justify choices that systematically sacrifice jobs, because the human person is an end, not a means."
Pope Leo XIV on Monday released a 42,000-word encyclical calling for government regulation of artificial intelligence and implored world leaders to ensure the burgeoning technology is used for the benefit of all humankind—not concentrated in the hands of a powerful, profit-seeking few.
Leo warned in the first major theological document of his papacy that unrestrained AI and its potentially far-reaching impacts—including mass job loss, environmental degradation, and increasingly catastrophic warfare—heightens the "risk of dehumanization," subjugating much of humanity in the name of "greater efficiency" and technological advancement.
"As with every major technological shift, AI tends to amplify the power of those who already possess economic resources, expertise, and access to data," Leo wrote in the document, titled Magnifica Humanitas. "In light of the common good and the universal destination of goods, this raises serious concerns, since small but highly influential groups can shape information and consumption patterns, influence democratic processes, and steer economic dynamics to their own advantage, undermining social justice and solidarity among peoples."
Leo warned that eliminating jobs en masse by replacing human beings with robots—an aim of some of the most powerful companies in the world, including the e-commerce behemoth Amazon—without adequate protections and compensation for impacted workers would be morally obscene and calamitous to social order.
"A society that guarantees employment to only a small fraction of the population, despite having a high level of technical development, risks exposing many to forced inactivity, a lack of responsibility, and the absence of daily tasks and stimuli, resulting in human and cultural impoverishment," the pope wrote. "This creates a paradox of material progress and anthropological regression that undermines the foundations of a just and stable social peace."
In the era of #ArtificialIntelligence, when human dignity is threatened by new forms of dehumanization, ours is the pressing duty to remain profoundly human. We must lovingly safeguard the grandeur of humanity bestowed upon us and revealed in its fullness in Christ, the splendor…
— Pope Leo XIV (@Pontifex) May 25, 2026
Leo cautioned against the growing use of AI in military conflict, a warning delivered alongside the CEO of the artificial intelligence firm Anthropic, which was embroiled in a tense and public dispute with the Trump administration earlier this year over the use of the company's technology for military purposes and mass surveillance. The pontiff has also clashed with the Trump administration, which has attacked Leo for publicly criticizing the US-Israeli war on Iran.
"No algorithm can make war morally acceptable," reads the pope's encyclical. "AI does not remove the intrinsic inhumanity of conflict; indeed it can only bring about conflict more quickly and render it more impersonal, lowering the threshold for resorting to violence, transforming defense into threat prediction and thus reducing victims to data. In this way, it will accustom us to the idea that violence is inevitable and needs only to be optimized."
Leo, whose warnings about the implications of rapid advancements in AI technology echoed concerns expressed by progressive lawmakers in the US and around the world, made clear that he doesn't view new technology, including AI, as inherently "antagonistic to humanity," noting that "technological development has significantly improved the living conditions of humanity."
"At the same time, each phase of progress has also revealed the ambiguity of tools that can cause harm when not oriented toward the good," Leo wrote. "It is necessary to establish adequate regulatory tools capable of upholding justice and curbing the distorting effects of technological power."
"Crucial questions impose themselves on our conscience," he added, "and can no longer be avoided: Where are we going? Toward what goal do we wish to orient ourselves? What direction should we choose as a people and as a human community?"
"They've built a billion-dollar industry on stolen voices because they thought no one would make them pay for it," said a lawyer for the plaintiffs.
In yet another display of how Illinois' pioneering biometric privacy law can be used to protect Americans, state residents who work as audio storytellers, broadcast journalists, podcasters, voice actors, and more filed class-action lawsuits against Big Tech this week for "stealing their voices" to develop artificial intelligence products.
Since Illinois legislators passed the groundbreaking Biometric Information Privacy Act (BIPA) in 2008—regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers, including fingerprints, voiceprints, and scans of a retina, iris, hand, or face geometry—there have been thousands of lawsuits filed and major settlements with Clearview AI, Facebook, and Six Flags.
Represented by the award-winning civil rights firm Loevy + Loevy, the Illinoisans are suing Adobe, Alphabet and its subsidiary Google, Apple, Amazon, ElevenLabs, Facebook parent company Meta, Microsoft, NVIDIA, and Samsung under BIPA.
The plaintiffs are audiobook narrators Lindsay Dorcus and Victoria Nassif as well as journalists Robin Amer, Yohance Lacour, Carol Marin, and Phil Rogers. Journalist Alison Flowers is part of all lawsuits except those against Amazon and Apple. Their lawyers noted that "between them, they have multiple Emmy and Peabody awards, several Pulitzer Prizes, several Alfred I. duPont-Columbia University awards, an Edward R. Murrow award, a James Beard award, a SOVAS award, and many, many other honors."
Their cases focus on the voiceprint of each plaintiff, which is "a digital fingerprint of the human voice," as the complaints explain. "It is a mathematical capture of the acoustic features—pitch, timbre, resonance—that emerge from a person's distinctive physiology, combined with the speech patterns that person develops over a lifetime: accent, cadence, articulation. Like a fingerprint, a voiceprint identifies the individual. Like a fingerprint, it cannot be changed."
The Adobe case targets Firefly, the company's family of generative AI models. The complaint states that the company "treated the human voices that built Firefly as ownerless—ignoring the speakers' rights, taking their voiceprints without asking, paying them nothing, and giving them no notice that their voices were being used at all, and "built a mirage of commercial safety around products whose construction violated the one thing Illinois law requires before collecting a voiceprint: consent from the person."
The Google filing points out that the company "has been a repeat defendant in BIPA cases" and even "paid approximately $100
million to settle BIPA claims arising from Google Photos' face grouping feature," among other high-profile settlements.
The Meta suit highlights that "no defendant in any biometric-privacy matter pending in the United States has had more direct, more sustained, or more financially consequential notice of BIPA than Meta," given that the company "has paid the three largest biometric-privacy settlements in American history," including $650 million to resolve claims under the Illinois law regarding Facebook's photo tag suggestions.
"By the time Meta released Voicebox in June 2023, MMS in May 2023, and SeamlessM4T in August 2023, Meta had been a BIPA defendant for nearly a decade and had paid more than $2 billion in biometric-privacy settlements," the complaint continues. "The technology Meta built using plaintiffs' voices now competes with plaintiffs in the markets where they earn their living."
The Amazon filing details similar harm to plaintiffs:
Amazon extracted plaintiffs' voiceprints without notice or consent, depriving them of the right BIPA guarantees to make an informed decision about the collection and use of their biometric data. Amazon retains those voiceprints in its commercial models and continues to profit from them. Amazon has further disseminated those voiceprints, encoded in model parameters, through its cross-affiliate, subprocessor, and integration-partner networks. The technology built on those voiceprints now displaces plaintiffs in the markets where they earn their living—the broadcast journalism, investigative podcast, audiobook narration, voiceover, and voice performance markets that the voice products are designed and sold to serve.
"What we are seeing is an illegal and unethical exploitation of talent on a massive scale, and one of the largest violations of biometric privacy ever committed," said Loevy + Loevy attorney Ross Kimbarovsky in a Thursday statement.
"The legislators who wrote and passed BIPA had the foresight to realize that biometric privacy was going to be a major civil rights issue in the 21st century," the attorney continued. "Social security numbers can be changed, passwords can be reset, and credit cards can be canceled, but once your biometric data is compromised, there's nothing you can do about it."
"These companies know the law, know their liability, and know exactly how to build consent systems that comply with BIPA," Kimbarovsky added. "They've built a billion-dollar industry on stolen voices because they thought no one would make them pay for it."
In addition to Illinois, Texas and Washington state have enacted biometric privacy laws, while California, Colorado, Connecticut, Utah, and Virginia have comprehensive consumer protection policies that apply to such information, according to Bloomberg Law. However, efforts in Congress to enact federal legislation—such as the National Biometric Information Privacy Act and the Facial Recognition and Biometric Technology Moratorium Act—have been unsuccessful.