Putting any other issues aside for a moment, I'm not saying they're not true also. Cameras need light to make photos, the more light they get, the better the image quality. Just look at astronomy, we don't find the dark astetoids/planets/stars first, we find the ones that are the brightest and we know more about them than about a planet with lower albedo/light intensity. So it is literally physically harder to collect information about anything black, that includes black people. If you have a person with a skin albedo of 0.2 vs one with 0.6, you get 3x less information in the same amount of time all things being equal.

And also consider that cameras have a limited dyanmic range and white skin might often be much closer to most objects around us than black skin. So if the facial features of the black person might fall out of the dynamic range of the camera and be lost.

The real issue with these AIs is that they aren't well calibrated, meaning the output confidence should mirror how often predictions are correct. If you get a 0.3 prediction confidence, among 100 predictions 30 of them should be correct. Then any predictions lower than 90% or so should be illegal for the police to use, or something like that. Basically the model should tell you that it doesn't have enough information and the police should appropriately act on that information.

I mean really facial recognition should be illegal for the police to use, but that's besides the point.