Apple facial recognition system misidentifies 'shoplifter' Ousmane Bah

The false arrest of a high school student accused of shoplifting at Apple stores highlights the devastating consequences of inaccurate facial recognition systems and wholesale corporate and legal opacity by the technology company and its supplier.

Ousmane Bah, an 18-year-old honors student from New York, was arrested at 4:00 AM by the NYPD based on a warrant for a series of thefts from Apple Stores across the Eastern Seaboard (including Boston, New Jersey, and Delaware). The total value of the stolen goods, primarily Apple Pencils, exceeded USD 1,200. 

The incident was a case of "cascading" misidentification. Bah had previously lost a non-photo interim learner's permit. An impostor allegedly found the permit and presented it during a previous theft. 

According to the lawsuit, Apple’s security systems then linked the thief's face to Bah's personal data. Consequently, every time the actual thief entered an Apple Store, the surveillance system flagged him as "Ousmane Bah." 

Bah subsequently sued Apple and SIS for defamation and malicious prosection, citing the unreliable and racially biased nature of many facial recognition systems.  

The suit also accused one of the two companies of deleting video images of the purported crimes, despite them surfacing during discovery, and alleged that a senior SIS executive denied the company ever identified Bah to Apple or to the NYPD, even though an SIS email to the NYPD suggested to the contrary. 

The suit also claimed that Apple and SIS selectively deleted video evidence that would have exposed them to potential criminal and civil liability for filing false complaints with the police.

Timeline ⏰

• March 2018. Ousmane Bah, a 17-year-old honors student in New York, receives a temporary non-photo learner’s permit.

• April–May 2018. Bah loses the temporary permit. Around this time, an impostor (later identified as Mamadou Barrie) begins using it as identification while shoplifting from Apple Stores.

• May 24, 2018. The impostor is apprehended for shoplifting at an Apple Store in Paramus, New Jersey. He presents Bah’s lost permit. Apple’s security contractor (SIS) records the thief’s face but links it to Bah’s name and data in their internal "Be on the Lookout" (BOLO) system.

• May 31, 2018. A theft occurs at an Apple Store in Boston, Massachusetts. While the real Ousmane Bah is attending his senior prom in Manhattan, the automated system flags the thief as "Ousmane Bah."

• June 2018. Bah receives his first legal shock: a summons to appear in Boston Municipal Court for larceny. He travels to Boston for a June 27 arraignment to defend himself against crimes he didn't commit.

• September 24, 2018. Another theft is reported in Freehold, New Jersey. Again, the system identifies the suspect as Bah based on the corrupted biometric link.

• November 2018. The misidentification spreads to New York City after thefts at four local Apple Stores. Warrants are issued for Bah's arrest.

• November 29, 2018. NYPD officers arrest Bah at his home at 4:00 AM. He is handcuffed and detained. During processing, a detective views the surveillance footage and realizes the person in the video looks nothing like Bah.

• April 22, 2019. Bah files a USD 1 billion lawsuit against Apple and SIS in Manhattan Federal Court, alleging that their "Orwellian" facial recognition system caused his false arrest and traumatic experience.

• 2019–2020. Apple publicly denies using facial recognition in its stores. Charges are gradually dropped in New York and Massachusetts, but New Jersey charges remain pending for a longer period.

• March–May 2021. A judge allows the lawsuit to move forward, ruling that Bah sufficiently alleged that Apple and SIS acted with "reckless disregard" by ignoring physical mismatches.

• August 2021. Ousmane Bah and Apple reach a private settlement. The case is dismissed, and the terms remain confidential.