You’re comparing something humans often do subconsciously to a machine that was programmed to do that. Unless you’re arguing that intent doesn’t matter (pretty much every judge in America will tell you it does) then we’re talking about 2 completely different things.

Edit: Disregard the struck out portion of my comment. Apparently I don’t know shit about law. My point is that comparing a a quirk of human psychology to the strict programming of a machine is a false equivalency.