I'm confused here, I read the article and it was somewhat muddy about the point trying to be made other than "machine bad!". Racially biased could mean two thi

I'm confused here, I read the article and it was somewhat muddy about the point trying to be made other than "machine bad!". Racially biased could mean two things: despite not taking into account race the algorithm groups results racially at a statistically significant rate, or the algorithm is outright using race as a factor. I assumed the former because it was not made clear in the article what was being talked about. Half the article is about things that may/may not use racial information (it's not said), and half the article is about things that do. Are we talking about the same thing here?