"Can't ban math", that's like saying "can't ban words". Yes, but you can ban a combination of words in a location, such a "There's a fire!" in a crowded theater. You can ban a combination of math in a police station that leads to people going to jail.
That's a limiting aspect of the physical world less light back = less details. Flagging footage for manual review doesn't need to be bias free just the end component that actually effects the person in the video.
Yelling fire in a crowded theater is legal.....
https://www.theatlantic.com/national/archive/2012/11/its-tim...
That is, I am not sure if it makes sense to ban the software if it is less biased than the human. But it might make sense to ban it if it is more biased.
There are loads of people of color who have been falsely imprisoned for looking like someone in a grainy security camera footage well before facial recognition technology was widespread.