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The voice command is simple. “Call my sister.” The user, sitting at a kitchen table in south London, says it three times, each time more slowly, each time more carefully. The smart speaker responds each time with the same brisk cheerfulness. It has heard “call Maria.” It has heard “call the sister.” It has, on the third attempt, offered to play a song called “Sister” by an artist she has never heard of. What it has not done is the thing she asked. Her speech, shaped by a neuromuscular condition that makes consonants softer and vowels longer, sits just outside the envelope of audio the model was trained to recognise. To the speaker's statistical ear, she is not quite a person giving an instruction. She is noise, or close enough to noise that the cheapest path is to guess.

On any given morning, a version of that scene plays out in hundreds of thousands of homes. It is one of the quieter harms of the current artificial intelligence moment, a harm so ordinary that the people experiencing it have mostly stopped complaining about it. You learn, over time, to pitch your voice higher. You learn to flatten your accent. You learn which words the machine prefers and which ones it cannot parse. You build, in other words, a second self, optimised for the model. And then you watch the technology press describe the same model as an assistant that understands natural language.

The argument that this is structural rather than a peripheral bug appeared in sharp form in a January 2026 Forbes analysis by Gus Alexiou, a long-time disability inclusion contributor who has written about assistive technology since his own multiple-sclerosis diagnosis. Alexiou framed disability as the ultimate stress test for AI. When a system optimises for uniform productivity and standardised interaction, the argument ran, it does not merely under-serve the approximately 1.3 billion people the World Health Organization counts as experiencing significant disability. It structurally excludes them, through the quiet accumulation of design defaults that never imagined them in the room.

Three weeks later, on 3 February 2026, the British government put that argument into institutional form. The Department for Work and Pensions, under Secretary Pat McFadden, convened a roundtable that brought Google, Meta, Microsoft and Amazon into the same room as Scope, Guide Dogs UK, AbilityNet, Disability Rights UK, the Business Disability Forum, RNID, the Lightyear Foundation, the Regional Stakeholder Network, the Global Disability Innovation Hub and the Atech Policy Lab. The framing was employment-focused, a conversation about closing the disability employment gap. The subtext was the one Alexiou had articulated in Forbes: the distance between what AI could do for disabled workers and what it currently does, and the question of who was on the hook for closing it.

Around the same time, a framework appeared in Frontiers in Digital Health. Written by Gabriella Waters of the Cognitive and Neurodiversity AI Lab at Virginia State University and Morgan State's Center for Equitable AI and Machine Learning Systems, the paper argued something that should have been obvious: there is no standardised methodology for evaluating whether AI systems work for disabled users, and the dominant evaluation practices actively disguise their failure to do so. Accuracy and generalisability, the two metrics that have governed machine-learning benchmarks for a decade, treat disabled users as statistical noise rather than as a population whose performance matters. Waters' proposed framework covers red teaming, model testing, field testing and usability testing with disabled participants, dressed up in the methodological language the field demands before it will listen.

Picking up the same thread from a different angle, a Rest of World investigation by deputy editor Rina Chandran, published 12 March 2026, traced the failure of Western AI models in overseas agricultural settings. Catherine Nakalembe, the University of Maryland geographer who won the 2020 Africa Food Prize, had to collect more than five million helmet-mounted camera images across Kenya and Uganda to train a system to recognise maize, beans and cassava because existing models could not. Arti Dhar, co-founder of Farmers for Forests, found that a widely used open-source segmentation model missed more than half the trees in a Maharashtra forest because it had been trained on North American species. Digital Green's FarmerChat, by contrast, works across 16 vernacular languages in South Asia and Africa because it was built with the farmers rather than for them.

The four sources do not look, at first, like they are telling the same story. Disability, workplace inclusion, testing methodology, smallholder agriculture in the global South. They are. When a technology scales by averaging, the people at the edges of the average pay the cost, and those people are not a minor accounting category. They are the majority of humanity, unevenly distributed. Add non-English speakers, rural users, people with accents the model was never tuned on, and older adults, and the exclusion is not a rounding error. It is the shape of the market.

The question the Forbes piece really asked, and that the UK convening declined to answer directly, is who currently has the power and the incentive to change any of this. That question has an uncomfortable answer.

The default is the person the model imagined

To see why disability is a stress test rather than a special case, it helps to understand how the defaults were set. A large language model is a very expensive statistical summary of text its builders chose, or could afford, to scrape. A voice recognition system is a very expensive statistical summary of speech its builders recorded, or bought, or licensed. A vision model is a very expensive statistical summary of images its builders labelled, or hired people to label, or used labels some earlier researcher had published. At every step, the system's eventual performance on any given user is roughly a function of how well that user resembles the median entity in the training distribution.

The median entity in most training distributions is, to a close approximation, a neurotypical, non-disabled, native-English-speaking adult in North America or Western Europe, interacting via keyboard, mouse or clear spoken English in a quiet room. Meredith Ringel Morris, the former Microsoft researcher who founded the Ability Research Group and now leads HCI research at Google DeepMind, has spent more than a decade cataloguing how that default haunts the systems built around it. Her 2020 Communications of the ACM paper, co-authored with Shari Trewin of IBM, laid out a research roadmap other researchers have been filling in ever since: self-driving car pedestrian detection that does not register wheelchair users; hiring screeners that discount autistic candidates because their facial expressions score as inauthentic; voice assistants that cannot parse speech disabilities; captioning systems that fail on British Sign Language because the model only trained on spoken audio.

Waters' Frontiers paper takes this catalogue as its starting point and asks what evaluation would have to look like to catch these failures before deployment rather than after. Her answer runs to seven specialised metrics, among them an Inclusive Accuracy Rate that requires systems to report performance broken down by user characteristics, an Accessibility Disparity Index that quantifies the gap between best and worst performing groups, an Assistive Technology Compatibility Score, a Cognitive Load Index for neurodivergent users, an Error Recovery Rate, and several others. None of them is exotic. What is exotic, at least in the dominant benchmarking culture, is the assumption that they should be reported at all.

At present, when a model card for a frontier system is published, it will typically include accuracy on standardised benchmarks, sometimes broken down by language or domain, very rarely broken down by user characteristics, and almost never broken down by disability. The ImageNet paper that became the benchmark for vision research did not report performance by subject characteristics. The GLUE paper that became the benchmark for natural-language understanding did not either. Partly this is because the benchmarks did not have that data. Partly it is because the benchmarks assumed the user did not matter. Either way, by the time a commercial system is built on these foundations, the places where performance falls apart have already been defined out of the evaluation.

The Forbes stress-test framing is, in that sense, a good one. A stress test does not tell you anything the system could not, in principle, have told you about itself. It just forces the information into the open. Run a text-to-image system on prompts including disability terms, as Ashley Shew of Virginia Tech and others have done, and you get outputs in which wheelchairs are rusting wrecks, guide dogs are ominous shadows, and prosthetic limbs are rendered as torture devices. Run a sentiment classifier on sentences containing “disability” and the valence collapses, sometimes by several standard deviations. Run a caption model on an image of a person signing and it will tell you about the person's clothes. None of this is a failure mode anyone intended. All of it is a failure mode anyone with a bias audit could have found. The absence of the audit is the choice.

Why employment is the leverage point

The UK government's convening on 3 February was, in one sense, about a much older problem than AI. The disability employment gap in Britain has hovered around 28 percentage points for a decade, and Scope's chief executive Mark Hodgkinson used his remarks at the roundtable to point out that roughly a million disabled people who want to work are currently out of the labour market, many of them not through any lack of capability but because the workplaces and the tools they are asked to work with do not accommodate them.

The reason the meeting mattered is that workplace AI is, right now, the sharp end of a different stress test. The workplace is where biased hiring algorithms live. It is where productivity monitoring systems penalise users whose working patterns deviate from the average. It is where speech recognition is deployed to take meeting minutes that then become performance evidence. It is where agentic tools are being rolled out as personal assistants that assume their user's schedule, preferences and interaction style map neatly onto the same neurotypical default. For a disabled worker, a badly designed AI system is not merely an inconvenience. It is, increasingly, a gatekeeper standing between them and the capacity to work at all.

Maxine Williams, vice president of accessibility at Meta, used the roundtable to announce that the company's AI-powered wearables had added real-time environmental description for blind and low-vision users. This is genuinely useful. It is also the kind of announcement that quietly obscures a harder question. The same company's advertising-targeting algorithms, the same platform's automated content moderation, the same recommender systems that decide what a disabled creator gets shown to, are built on training pipelines that have no comparable accessibility evaluation. A pair of smart glasses that describes a room to a blind user is a product feature. A newsfeed ranking system that deprioritises disability-related content because it scores as low-sentiment is an infrastructural choice. The first is visible, marketable and reputationally valuable. The second is invisible, cheap to leave alone, and reputationally expensive only if someone does the audit.

The same asymmetry runs through the Microsoft, Google and Amazon presentations at the DWP meeting. Amazon's Jaqui Sampson spoke about the company's neurodiversity hiring programme, which has placed several hundred people on the autism spectrum into warehouse and technical roles. Google's team highlighted Project Relate, the speech-recognition model fine-tuned on non-standard speech that grew out of its Project Euphonia research. Microsoft talked about the Seeing AI app and the Immersive Reader. Every one of these is, in isolation, a real contribution. Every one of them also sits alongside the same companies' core AI infrastructure, which is not accessibility-evaluated and is, in most cases, the foundation on which third parties are building the workplace tools disabled workers have to use. Assistive features at the edge, inaccessible scaffolding at the core. That is the pattern.

Guide Dogs UK's Alex Pepper said the quiet part out loud. Assistive technology, she told the room, can remove barriers at work, but it is not a solution on its own. Translation: the industry is very good at giving disability advocates product demos and very bad at changing the way the substrate systems are trained, evaluated and governed. A pair of AI glasses does not fix a hiring pipeline whose screening tool discards autistic applicants at the CV stage. A captioning feature does not fix a workplace analytics system that penalises a deaf employee for the below-average meeting participation metrics the same captioning layer enabled.

The colonial analogy is not a metaphor

One of the more striking aspects of reading the Forbes argument alongside the Rest of World investigation is how structurally similar the failure modes are. Chandran's reporting from March 2026 does not use the word “disability” once. It does not need to. The mechanism it describes, a Western model trained on Western data fails to recognise the objects, practices and languages of people outside the training distribution, is the same mechanism Morris and Waters and every disability AI researcher has been describing for years.

Nakalembe's 5 million-image dataset of smallholder crops in East Africa exists because the existing computer vision literature on agriculture had been trained almost entirely on North American and European industrial farms. Maize, in the Midwest sense, looks one way; maize, in the Rwandan sense, looks another. A segmentation model that was never shown the second cannot see it. Dhar's forest-monitoring tool that missed half the trees in Maharashtra was not malfunctioning by some local standard. It was doing exactly what it had been trained to do. It had simply never been trained on the relevant world.

Digital Green's FarmerChat, which now reaches a million farmers across South Asia and Africa, is instructive because of the corrective it represents. It works by doing what Waters' framework would require: sourcing the training data from the users who will actually use the tool, evaluating the model against their real queries rather than against a benchmark designed somewhere else, and building with the users rather than for them. In other words, it drops the default. It treats the smallholder farmer in vernacular Telugu or Swahili as the person the model is for, rather than as a tolerated edge case.

What the agricultural story shares with the disability story is the structural dynamic. In both, the dominant models were trained by institutions whose own users were implicitly treated as the species for which the tool was being built. In both, the populations outside that implicit species had to assemble their own data, build their own pipelines and argue, repeatedly, for the legitimacy of their inclusion. In both, the industry's preferred response has been to offer add-ons, localisation layers, assistive features bolted onto a substrate that remains unchanged. In both, the add-on strategy is cheaper than the redesign. In neither does the add-on strategy actually solve the underlying problem, which is that the training substrate itself encoded a worldview.

The reason this matters for the power question is that it connects two movements that have mostly operated in isolation. The disability AI community, led by researchers like Morris, Shew, Jutta Treviranus at OCAD University in Toronto, and Catherine Holloway at the Global Disability Innovation Hub at UCL, has been asking for inclusive training data and participatory evaluation for the better part of a decade. The global-south AI community, represented by researchers like Nakalembe, Timnit Gebru at the Distributed AI Research Institute, and the authors of the 2021 Stochastic Parrots paper, has been asking for the same thing from a different direction. When those two arguments are recognised as the same argument, the constituency pushing for structural change becomes considerably larger than either community looks on its own.

Who currently has the power

The honest answer to the question of who has the power to deliver genuine inclusion, and who has the incentive, does not flatter the industry.

The people who have the most power to change how models are trained, evaluated and deployed are the half-dozen companies whose frontier systems underpin most of the AI economy: OpenAI, Anthropic, Google DeepMind, Meta, Microsoft and, at the infrastructure layer, Nvidia. These are the entities whose training data choices, whose evaluation benchmarks, whose model cards and whose API behaviours determine what everyone downstream inherits. If any one of them chose, tomorrow, to publish accessibility-disaggregated performance data on its next frontier release, or to make Waters' Inclusive Accuracy Rate a standard reporting field, the rest of the industry would have to follow, because the procurement contracts and the regulatory filings and the research community would start asking for it. None of them currently does.

They have the power. They do not have the incentive, or at least not a large enough one to outweigh the cost. The cost, which is substantial, is what the disability community calls data work: assembling inclusive datasets, running participatory design processes, building evaluation suites that require human effort rather than automatable benchmarks, and, most awkwardly, publishing disparity metrics that will make the model look worse on average. The revenue upside of any of this for the model provider is real but small compared to the upside of the next efficiency frontier or the next reasoning benchmark. The downside, legally and reputationally, has so far been manageable.

The people who have the incentive but not the power are disabled users, disability-led organisations, and the researchers working alongside them. Scope, Disability Rights UK, RNID and the others who sat across the DWP table from the tech companies in February are unambiguously motivated to deliver genuine inclusion. They do not control the training pipelines. They do not sit on the model cards. They can, at best, act as a feedback channel, and only if the companies choose to listen. Catherine Holloway's Global Disability Innovation Hub and its Centre for Digital Language Inclusion, launched in partnership with the Royal Academy of Engineering and the University of Ghana in 2025, is building non-standard speech datasets precisely because no frontier lab has produced one at the scale required. That work is essential, and it is happening largely on philanthropic and academic funding while the companies that could resource it two orders of magnitude better continue not to.

The people who have some of both are the regulators, and regulators are the reason any of this is shifting at all. The European Accessibility Act, which came into force on 28 June 2025, requires a wide range of consumer-facing products and services to meet accessibility standards, including, increasingly, AI-enabled ones. The UK's Equality Act has always prohibited discrimination in the provision of goods and services, and the Equality and Human Rights Commission has been explicit that algorithmic discrimination is within its remit. The EU AI Act's high-risk categorisation for employment-related AI systems carries obligations that include bias mitigation and fundamental-rights impact assessments, and disability discrimination is among the rights it protects. The US Section 508 refresh, updated through 2024 and 2025, now covers procurement rules for federal AI systems. The 24 April 2026 deadline for US state and local government agencies to comply with Title II of the Americans with Disabilities Act at WCAG 2.1 Level AA is a week away from the moment this piece is being written, and will push a large volume of procurement activity toward accessibility-audited vendors.

The regulatory pressure is building, slowly, against the incentive gradient of the industry. Whether it builds fast enough to shift the default before the current generation of AI systems has ossified into infrastructure is the open question.

What genuine inclusion would require

Set aside the rhetoric of empowerment and the photograph-friendly accessibility features, and the substance of what inclusion requires is reasonably well understood. The academic and advocacy literature converges on roughly five things, and the striking feature of the convergence is that none of the five is technically hard. They are organisationally and commercially unwelcome.

The first is inclusive training data, collected through participatory processes with the populations the system is expected to serve. Digital Green's 120,000-query corpus of farmer questions in 16 languages is the template for what that looks like in agriculture. The Speech Accessibility Project at the University of Illinois, which has been collecting non-standard speech recordings from people with Parkinson's, cerebral palsy, ALS and Down syndrome since 2022, is the template for what it looks like in voice. The 5 million-image East African crop dataset Nakalembe assembled is the template for what it looks like in vision. None of these was built by the frontier labs. All of them should be.

The second is disaggregated evaluation, reported publicly, with performance broken down by user characteristics and context. Waters' seven metrics are a starting point. Morris' research roadmap offers another. At minimum, model cards for any deployed AI system should report performance on named disability-relevant evaluations, should state the demographic composition of the evaluation set, and should be updated when the underlying model is updated. At present, they typically do none of this.

The third is participatory design, built into the product cycle rather than retrofitted afterwards. Jutta Treviranus' Inclusive Design Research Centre has a motto, “design with not for”, that has circulated in the accessibility community for twenty years. In AI, it is still largely aspirational. The UK's Atech Policy Lab, which sat at the DWP roundtable, is one of the few bodies attempting to hard-code participatory practice into the AI assistive-technology pipeline. Most of the major labs' partnership structures with disability organisations remain advisory rather than decisional.

The fourth is interoperability with assistive technologies. The systems that disabled users already rely on, screen readers, switch controls, eye-gaze interfaces, alternative input devices, bespoke communication aids, need to be first-class citizens in the AI interaction model, not afterthoughts. This is a straightforwardly technical requirement, and it is the one area where mandatory standards are starting to bite. The W3C's WAI-AI task force, formed in 2024 and producing guidance through 2025 and 2026, is doing the unglamorous work of defining what accessible AI means in a way developers can actually implement.

The fifth is accountability when systems fail, meaning both the right of redress for the user harmed and the obligation of the provider to fix the underlying issue rather than adding yet another accessibility plug-in. This is where regulation becomes indispensable. Voluntary commitments have been on offer from the industry for a decade. The pattern the DWP roundtable demonstrated, tech companies promising product features while their core training pipelines remain unaudited, is what voluntary commitments reliably produce. Mandatory disclosure, backed by enforcement, is what changes the substrate.

Each of these five can be characterised as a cost centre, and each, properly executed, is a correction to a market failure currently paid for by disabled users, global-south users, and, eventually, the employers and public services on the receiving end of the systems' underperformance. A stress test does not create the fragility. It exposes it. The fragility was always there.

The architecture of the next decade

There is a version of the next few years in which the story gets worse before it gets better. More AI systems will be deployed into more workplaces, more public services, more clinical and educational and legal settings, before the regulatory substrate and the evaluation methodology have caught up. Disabled users, like global-south users, will continue to bear the cost of the gap between the technology's performance on the median user and its performance on them. The assistive add-on will continue to be the preferred industry response. The companies that could do the deeper work will continue to choose not to, because the incentive structure has not yet reversed.

There is also a version in which a combination of regulatory enforcement, procurement leverage from large public buyers, and sustained pressure from the research community and disability-led organisations starts to shift the defaults. The EU AI Act's first full enforcement cycle begins to bite through 2026 and 2027. The US ADA Title II deadline produces a wave of vendor audits. The DWP-style convenings, if they become regular rather than ceremonial, put the same five questions to the same companies repeatedly until the answers change. The Frontiers framework gets picked up by NIST, by the Alan Turing Institute's AI Safety Institute, by standards bodies that have the authority to make accessibility evaluation a default reporting field. The 5 million-image datasets and the 120,000-query corpora stop being heroic one-off efforts and start being line items in platform R&D budgets.

Which of these futures arrives depends on something more prosaic than a technical breakthrough. It depends on whether the power and the incentive can be brought into alignment, and whether the regulatory architecture is built fast enough to do the aligning. The power currently sits with the labs. The incentive currently does not. The gap between the two is where the exclusion lives, and it will continue to live there until someone, regulator or buyer or coalition of both, moves it.

Return, finally, to the kitchen table in south London. The woman asking her smart speaker to call her sister is not, in the technology industry's current accounting, a failure case. She is not a test the product was designed to pass. She is, from the system's point of view, slightly outside the curve, which is another way of saying slightly outside the imagination of the people who built it. Her experience is what the Forbes analysis meant by a stress test. If she works, the system works. If she does not, the system is not ready. The point of treating her as the test case is that it produces a higher-quality system for everyone, because the default person the models were trained to serve is not, in fact, most of the people the models are being sold to.

Alexiou's insight, and the convergence with Waters' framework and Chandran's reporting and the UK government's cautious, cautiously serious convening, is that inclusion is not a niche product requirement. It is the infrastructure question the next decade of this technology turns on. Who has the power to deliver it is mostly the labs. Who has the incentive is mostly the users, the regulators and the advocates. Closing that gap is the work. Nobody is going to close it by accident, and nobody is going to close it because it would be the nice thing to do. It will close when the cost of not closing it is made legible, and that is a job for law, for procurement, for journalism and for the disability community itself, not for a press release about a new AI-powered wearable. The kitchen-table speaker will start hearing her properly on the day the company that makes it has to report, publicly and disaggregated, how often it does not. Until then, she will keep pitching her voice higher and the rest of the market will keep pretending the model understands natural language.

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References & Sources

1. Alexiou, G. “Why Disability Is The Ultimate Stress Test For Artificial Intelligence.” Forbes, January 2026. https://www.forbes.com/sites/gusalexiou/
2. Department for Work and Pensions. “Tech giants meet disability sector to break down barriers at work.” GOV.UK, 3 February 2026. https://www.gov.uk/government/news/tech-giants-meet-disability-sector-to-break-down-barriers-at-work
3. Waters, G. “AI testing, evaluation, verification and validation for accessibility: a comprehensive framework.” Frontiers in Digital Health, Volume 7, 2025-2026. DOI: 10.3389/fdgth.2025.1679603. https://www.frontiersin.org/journals/digital-health/articles/10.3389/fdgth.2025.1679603/full
4. Chandran, R. “AI models from Western tech giants fail in overseas agricultural settings.” Rest of World, 12 March 2026. https://restofworld.org/2026/ai-agriculture-local-data/
5. World Health Organization. “Disability.” WHO Fact Sheet, 2023 (updated 2024-2025). https://www.who.int/news-room/fact-sheets/detail/disability-and-health
6. Morris, M. R. “AI and Accessibility: A Discussion of Ethical Considerations.” Communications of the ACM, Vol. 63 No. 6, June 2020. https://cacm.acm.org/magazines/2020/6/245157-ai-and-accessibility/fulltext
7. Trewin, S., Basson, S., Muller, M., Branham, S., Treviranus, J., Gruen, D., Hebert, D., Lyckowski, N. and Manser, E. “Considerations for AI Fairness for People with Disabilities.” AI Matters, 5(3), 2019. https://sigai.acm.org/static/aimatters/5-3/AIMatters-5-3-05-Trewin.pdf
8. Microsoft Research. “AI Fairness and Disability.” Project page and publications. https://www.microsoft.com/en-us/research/project/ai-fairness-and-disability/publications/
9. Microsoft. “Shrinking the 'data desert': Inside efforts to make AI systems more inclusive of people with disabilities.” Microsoft Source. https://news.microsoft.com/source/features/diversity-inclusion/shrinking-the-data-desert/
10. Global Disability Innovation Hub. “Changing lives through AI: a new Centre for Digital Language Inclusion.” 2025. https://www.disabilityinnovation.com/news/cdli
11. Global Disability Innovation Hub. “Prof Catherine Holloway profile.” https://www.disabilityinnovation.com/who-we-are/our-team/dr-catherine-holloway
12. Speech Accessibility Project, University of Illinois Urbana-Champaign. https://speechaccessibilityproject.beckman.illinois.edu/
13. Nakalembe, C. et al. NASA Harvest and University of Maryland work on East African smallholder agriculture, as reported in Rest of World, 12 March 2026.
14. Scope UK. Statements by Mark Hodgkinson, Chief Executive, at DWP roundtable, 3 February 2026. https://www.scope.org.uk/
15. European Accessibility Act. Directive (EU) 2019/882, in force 28 June 2025. https://ec.europa.eu/social/main.jsp?catId=1202
16. European Union. “Artificial Intelligence Act.” Regulation (EU) 2024/1689. https://artificialintelligenceact.eu/
17. US Access Board. “Section 508 Standards.” https://www.access-board.gov/ict/
18. US Department of Justice. “ADA Title II Web Content and Mobile Apps Rule.” Final rule published April 2024, compliance dates 2026-2027. https://www.ada.gov/resources/2024-03-08-web-rule/
19. W3C. “Accessibility of AI Systems (AI-Accessibility).” WAI task force, 2024-2026. https://www.w3.org/WAI/
20. Bender, E. M., Gebru, T., McMillan-Major, A. and Shmitchell, S. “On the Dangers of Stochastic Parrots.” FAccT 2021. https://dl.acm.org/doi/10.1145/3442188.3445922
21. Shew, A. “Against Technoableism: Rethinking Who Needs Improvement.” W. W. Norton, 2023.
22. Treviranus, J. “The Three Dimensions of Inclusive Design.” Inclusive Design Research Centre, OCAD University. https://legacy.inclusivedesign.ca/
23. Muckrack. “Gus Alexiou journalist profile.” https://muckrack.com/gus-alexiou/articles
24. Equality and Human Rights Commission. “Artificial intelligence, machine learning and automated decision-making: our guidance.” 2024-2025. https://www.equalityhumanrights.com/

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

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The first thing the sensor sees is the ceiling. It is an unremarkable ceiling, white acoustic tile, fluorescent strip, a slight nicotine tinge from a generation of residents who were once allowed to smoke indoors. The sensor is not a camera in the conventional sense. It does not record video; the procurement document made a point of that. It is a low-resolution thermal array, mounted in a discreet white housing about the size of a smoke alarm, and it watches the room beneath it as a heat map. When a heat-map blob detaches from the bed and crosses the floor, it logs movement. When the blob lies horizontal in a place a human body should not be horizontal, it pings a tablet at the nurses' station. The vendor calls this fall detection. The procurement notice called it dignity-preserving monitoring. The night shift on a typical residential aged care floor in Australia or England in early 2026, which is often one registered nurse and two personal care workers covering upwards of forty residents, calls it the thing that goes off.

What the thing goes off about, on the kinds of nights the Australian Royal Commission into Aged Care Quality and Safety documented across ninety-nine sitting days of evidence and that the Care Quality Commission in England continues to describe in its state-of-care reports, is the sort of incident that happens when an older resident with dementia transfers from bed, returns toward it, and falls. The sensor logs the transfer; it logs the horizontal heat signature on the floor; it pings the tablet. The personal care worker on duty may be two corridors away changing another resident. By the time anybody arrives, the resident has been on the carpet long enough for a hip to break. The sensor has done exactly what the brochure said it would do. Nobody has been close enough for the information to matter. That pattern, not any one incident, is what the evidence that regulators have taken in sworn testimony describes.

It is the gap between those two facts, the thing that the technology measured and the thing that the system did with the measurement, that a paper published in The Conversation on 24 February 2026 by Barbara Barbosa Neves of the University of Sydney, Alexandra Sanders, and Geoffrey Mead set out to dramatise. Their argument, distilled from an analysis of the marketing materials of thirty-three companies selling AI tools into aged care across Australia, East Asia, Europe and North America, is that the industry has succeeded in convincing governments and investors that algorithmic monitoring, automated care planning and companion robotics are the answer to a workforce crisis when they are, in fact, a way of avoiding the question. The crisis is structural. The tools, however clever, cannot be structural answers. “If we let AI companies define what is broken,” the authors write, “we also let them define what repair looks like. That may leave our systems more profitable, but far less caring and humane.”

The numbers behind the pitch are now large enough to set the rest of the policy debate around them. Fortune Business Insights estimated the global elderly care market at 53.29 billion US dollars in 2025 and projected it to reach 57.78 billion in 2026, on its way to roughly 114 billion by 2034. The agetech subsegment, the layer of digital and AI products sold into that market, is projected by industry analysts cited in the Neves paper to reach A$170 billion by 2030. By any reading, the next decade of aged care will be one of the most heavily capitalised periods in the sector's history, and a substantial fraction of that capital is going into systems that are designed to do things humans currently do.

The question this article is concerned with is not whether the technology works. Some of it does, in narrow ways, under controlled conditions. The question is what accountability structures would have to exist before deploying it at scale, into a population that cannot easily refuse it and cannot reliably tell anyone when it has failed, could be considered ethical. The honest answer, in April 2026, is that very few of those structures exist anywhere, and most of what passes for them is designed to manage the reputational risk of providers and vendors rather than the safety of residents.

What The Inquiries Already Told Us

The Royal Commission into Aged Care Quality and Safety, which delivered its 2,500-page final report, Care, Dignity and Respect, on 1 March 2021, did not lack for diagnoses. Across twenty-three public hearings, ninety-nine sitting days, 641 witnesses and more than ten thousand public submissions, commissioners Lynelle Briggs and Tony Pagone arrived at 148 recommendations. The findings were as plain as they were grim. Commissioner Briggs put the proportion of residents who had experienced physical or sexual assault at between thirteen and eighteen per cent. The report described two decades of underfunding amounting to approximately 9.8 billion Australian dollars cut from the sector's annual budget. It documented residents left in soiled continence aids, malnourished, restrained chemically and physically, and dying in conditions the Commission did not euphemise.

What the Commission did not say, in any of those pages, is that the answer to those failings lay in machine learning. The recommendations focused on staff ratios, on the qualifications and pay of personal care workers, on a new statutory framework for the rights of older people, on enforceable care standards, and on an independent regulator with real teeth. The Aged Care Act 2024, which came into effect on 1 November 2025 after a delay from its originally legislated 1 July date, codified some of that framework. From October 2024, providers had been required to deliver a national average of 215 minutes of personal and nursing care per resident per day, of which 44 minutes was to come from a registered nurse. From 1 October 2025, the Star Ratings used to grade residential providers were re-engineered to require those minutes for a three-star or better staffing rating. None of those reforms involved an algorithm.

The same pattern recurs in every comparable jurisdiction. The Care Quality Commission in England, which by the summer of 2024 was being publicly described by the Secretary of State for Health and Social Care, Wes Streeting, as a failing organisation, commissioned the Dash Review of its operational effectiveness; the full report, published in October 2024, found that the time taken by the regulator to re-inspect a service rated “requires improvement” had risen from 142 days in 2015 to 360 days in 2024. The CQC's chief executive, Ian Trenholm, resigned that July. Skills for Care reported that as of March 2025 there were 111,000 vacant posts in adult social care in England, a vacancy rate of 6.4 per cent against a labour-market average of 2.2, with care worker vacancies running at 8.3 per cent and homecare vacancies above 10 per cent. Annual turnover sat at thirty per cent. In May 2025 the UK government closed the international recruitment route for new care workers, cutting off a pipeline that had been delivering an average of twelve thousand recruits a quarter into the independent sector. None of those problems have algorithmic solutions.

In the United States, the federal minimum staffing standard for long-term care facilities published by the Centres for Medicare and Medicaid Services in May 2024, requiring 3.48 hours of nursing care per resident per day and twenty-four-hour onsite registered nurse coverage, was repealed in December 2025. Section 71111 of Public Law 119-21 then prohibited CMS from implementing or enforcing the rule until at least 30 September 2034. Public Citizen and the Center for Medicare Advocacy estimated that the original rule, had it survived, would have prevented approximately thirteen thousand deaths a year. In Canada, the May 2020 Canadian Armed Forces report on five Ontario long-term care homes, which described cockroaches, rotting food, ulcerated bed-bound residents and staff cycling between units in contaminated personal protective equipment, prompted no national workforce reform of any depth; provincial inquiries in Ontario and Quebec produced more recommendations than implementations. The same picture, with local variations, holds in the Nordic countries, in France and in much of east Asia.

What the inquiries documented, in other words, was not a sector that had failed to adopt the latest technology. It was a sector that had failed to be funded, staffed, regulated and respected. The premise of the agetech pitch, that AI can plug the gap, is in this light a category error. There is no reasonable reading of Care, Dignity and Respect in which the missing ingredient is more sensors.

The Pitch And The Products

Walk the floor of any of the recent agetech expos, the SilverEco Forum in Cannes, the Aged Care 2026 conference in Melbourne, the Health 2.0 trade fair in Tokyo, and the categories repeat. There are passive monitoring systems, of which the thermal sensor in the opening scene is one example. There are wearable fall detectors that combine accelerometers and machine-learned gait classifiers, sold by firms like Vayyar, Kepler Vision and a long tail of European start-ups. There are continuous bed and chair sensors, marketed under names like SafelyYou and Tellus You Care. There are automated care-planning platforms that ingest electronic health records and generate suggested daily routines, hydration prompts and bowel charts. There are medication management dispensers. There are predictive analytics layers that promise to flag clinical deterioration days before it shows up in vital signs. There are companion robots: PARO, the harp-seal-shaped therapeutic robot developed by Takanori Shibata at Japan's National Institute of Advanced Industrial Science and Technology, in clinical use since the mid-2000s; ElliQ, the desktop social companion built by Intuition Robotics in Israel; SoftBank's humanoid Pepper, repurposed from retail receptionist into care-floor entertainer; and the various lower-cost robotic-cat and robotic-dog products that proliferate at the budget end.

The evidence base for these products is uneven and almost always thinner than the marketing implies. A 2021 systematic review and meta-analysis published in Innovation in Aging by Hung and colleagues, “Effectiveness of Companion Robot Care for Dementia”, found that PARO produced statistically meaningful but small improvements in agitation, depression and medication use across pooled trials, with the authors noting that most studies were small, short and unblinded. A 2023 systematic review in the International Journal of Nursing Studies reached a similar conclusion: a possible benefit, evidence quality low to moderate, no demonstrated long-term effect. A pilot randomised controlled trial of a different companion robot for community-dwelling people with dementia, published in 2017 by Moyle and colleagues, recorded engagement with the device but did not show robust effects on the primary outcomes.

ElliQ has produced more uplifting headline numbers, largely from one programme. The New York State Office for the Aging began deploying ElliQ in 2022; by May 2025 the agency reported 834 active clients, with 94 per cent saying they felt less lonely, 97 per cent feeling better overall, average usage of forty-one interactions per day, and a customer satisfaction score of 4.6 out of 5. Those are the figures Intuition Robotics quotes in its marketing decks. The peer-reviewed literature is more cautious. A 2024 review by Broxvall and colleagues, “ElliQ, an AI-Driven Social Robot to Alleviate Loneliness: Progress and Lessons Learned”, described the deployment as “promising” and explicitly called for randomised controlled trials before efficacy claims could be considered established. The NYSOFA outcomes, reassuring as they are, were collected from a self-selected user base that consented, that engaged voluntarily, and that retained the cognitive bandwidth to fill in a satisfaction survey. They tell us very little about what would happen if the same device were deployed by default to a less able population.

Fall detection is the category in which the gap between vendor claim and operational reality is widest. A 2025 scoping review in Applied Sciences, “AI-Driven Inpatient Fall Prevention Using Continuous Monitoring”, examined the evidence on continuous monitoring systems in hospital and long-term care settings and reached a conclusion that vendors do not put on their websites: while sensitivity for detecting falls can exceed ninety per cent, false-positive rates of thirty to forty per cent are common, and across the evidence base detection systems “did not consistently reduce fall incidence or the occurrence of injurious falls”. The same paper, like a closely related 2025 review in Medicina, found that reporting of “implementation-critical metrics” such as alert burden, response times and downstream actions was patchy. Studies of clinical alarm fatigue across acute care have repeatedly found that as many as eighty to ninety per cent of audible alarms in monitored wards are non-actionable. There is no plausible mechanism by which adding more alarms to an understaffed care floor improves outcomes, and reasonable mechanisms by which it makes them worse.

Predictive analytics for clinical deterioration carry a related set of problems. Algorithms trained on the electronic health records of one population have been shown repeatedly, including in a much-cited 2023 JAMA Internal Medicine analysis of the Epic sepsis prediction model, to perform worse than advertised when deployed in different populations. Aged care residents are an unusually heterogeneous group, often with multimorbidity, polypharmacy and cognitive complications that distort the signals the model was trained to detect. The risk is not that the model produces nothing useful; it is that it produces enough useful output to displace clinical judgement while the genuinely unusual cases, the ones a human carer would recognise on sight, slip past unflagged.

The Advocacy Gap

Across all of these tools, the same population variable does most of the moral work. The people on whom the sensors and dispensers and screens are aimed are, by definition of the sector they are in, frail. A substantial proportion are cognitively impaired; the Australian Institute of Health and Welfare estimated in its 2024 dementia report that more than half of permanent residents in Australian aged care had a diagnosis of dementia. Many are socially isolated; the loneliness data that companion robots cite as a justification is real. Many have limited or no digital fluency; older Australians in residential care are dramatically under-represented in surveys of internet use, smartphone ownership and the everyday literacy that allows a person to interrogate, refuse or modify a digital tool. And almost all of them sit in a profound power asymmetry with the people on whom they depend for daily care.

The implications for consent are not theoretical. The standard model of informed consent in healthcare assumes a person capable of understanding the nature of the proposed intervention, weighing it against alternatives, and communicating a decision. A 2025 review in Frontiers in Digital Health, “Designing for Dignity: Ethics of AI Surveillance in Older Adult Care”, catalogued how badly that model breaks down in practice when the intervention is a continuous, ambient monitoring system and the person being monitored has fluctuating capacity. Many older adults in care settings, the authors noted, have “no knowledge about what data is being harvested” and lack the cognitive or technical capability to adjust settings. Consent is typically obtained at admission, signed by a family member acting as substitute decision-maker, and never revisited. The system that the resident did not knowingly agree to becomes the system they live inside.

The asymmetry is sharper still where AI is making, or shaping, allocative decisions. Australia's new Support at Home programme, introduced in November 2025 to replace earlier home-care packages, uses a rules-based algorithm called the Integrated Assessment Tool to convert assessor responses into funding entitlements. As reported by The Conversation in March 2026 in a follow-up piece by Sebastian Cordoba and colleagues titled “First Robodebt, now NDIS and aged care: how computers still decide who gets care”, neither assessors nor participants can clearly see how the algorithm converts answers into funding levels. Departmental officials told a Senate inquiry that there is “no discretionary element” in the process; an override function present during testing was removed before the system went live. Evidence presented to the inquiry suggested the tool was systematically underestimating need, with reports of older Australians, including those with serious or degenerative conditions, having their support reduced. The Robodebt scandal, in which an automated debt-recovery system run by Services Australia issued more than 470,000 unlawful debt notices between 2016 and 2019 and was the subject of a 2023 Royal Commission, is the cautionary tale every Australian policy commentator now invokes. The aged care sector's algorithmic infrastructure is being built by a state apparatus that demonstrably has not learned its lesson.

The classic argument for surveillance and substitution technologies in care is that the people receiving them benefit, and that any inconvenience to autonomy is outweighed by safety. The problem with this argument is that it cannot be tested by the people on whom it is being made. A resident with moderate dementia cannot reliably explain to an inspector why the sensor in the corner of her room makes her feel watched, or whether she would prefer a human attendant to a tablet that pings someone who arrives nine minutes later. A non-verbal resident with advanced cognitive impairment cannot tell a researcher whether the companion robot is comforting her or merely keeping her quiet. The marketing literature sometimes claims that residents prefer the robots; the more careful research, including work by Neves and her collaborators in the Journal of Applied Gerontology in 2023, “Artificial Intelligence in Long-Term Care: Technological Promise, Aging Anxieties, and Sociotechnical Ageism”, finds that older adults' attitudes towards AI in their own care are considerably more ambivalent than the agetech sector implies, that they are acutely aware of being positioned as objects of management rather than subjects of care, and that they often experience monitoring as a loss of dignity rather than a gain in safety.

Cost Reduction Or Outcome Improvement And Who Carries The Risk

The business case for AI in aged care, in board meetings rather than press releases, is largely about labour. A monitoring system that allows a single night-shift carer to cover sixty residents instead of forty is, on paper, a workforce multiplier. A medication dispenser that prompts a resident through a regimen reduces the registered nursing time required for medication rounds. An automated care plan reduces the documentation burden on personal care workers. A companion robot, if it can hold attention, reduces the demand on staff for the relational work that has historically been the floor of dignified care. Each of these is a legitimate engineering goal in a sector where workforce shortage is real, severe and not going away. None of them is the same thing as improved outcomes for residents.

The distinction matters, because the risk of miscalibration falls asymmetrically. If a fall sensor's false-positive rate produces alarm fatigue and a real fall is missed, the cost is borne by the resident on the floor, not the procurement team that signed the contract. If a predictive deterioration model misses an unusual sepsis presentation in a resident with atypical baseline observations, the resident dies. If an automated care plan recommends a hydration schedule calibrated to a baseline weight two years out of date, the resident whose actual weight has dropped sharply goes thirsty. If a companion robot becomes the dominant social contact for a resident whose family visits have tapered, the human relationships that aged-care research consistently identifies as protective against decline are the ones that quietly disappear.

This asymmetry is what makes the cost-reduction framing dangerous. In a properly functioning market, the people who bear the risk of a product underperforming push back. In aged care, the people who bear the risk are very often unable to. The carers who notice that the system is not working, who see a resident on the floor long after the sensor said so, are positioned several layers below the procurement decisions that put the system there. They have, as the Neves paper notes, taken on additional cognitive labour interpreting the data the system generates, but they have lost discretion over whether the system should be used at all. The families who pay the bills are typically not on the floor when the system fails. The regulators who would, in theory, audit whether the technology was performing as advertised lack the technical capability and, increasingly, the inspection cadence.

A 2024 paper in Humanities and Social Sciences Communications titled “Paternalistic AI: the case of aged care” framed the underlying ethical structure crisply. AI systems in care, the authors argued, function as a particularly powerful form of soft paternalism. They purport to act in the interests of the person being cared for, but they remove from that person the practical opportunity to refuse, modify or contest the intervention. In the context of cognitive impairment, where soft paternalism shades into hard paternalism almost imperceptibly, the absence of accountability structures around the technology means that the ethical work that would normally be done by consent simply does not happen.

What Accountability Would Actually Look Like

If AI is going to be deployed at scale in aged care, the question is what would have to be in place before such deployment could be considered ethical. The honest answer is a layered structure, none of whose layers currently exist in anything like a complete form in any major jurisdiction.

The first layer is consent that is genuine, ongoing and revocable. Admission paperwork signed by a substitute decision-maker is not consent to a continuous monitoring regime. A robust framework would require that residents, where they have any capacity, are walked through what each technology in their environment does, in plain language, with the right to refuse specific elements without losing access to other care. Where capacity is absent, substitute decision-makers should be required to revisit consent on a defined cadence, and to weigh the technology's use against alternatives that include increased staffing. The recommendation, drawn from the 2025 Frontiers in Digital Health paper, of “easy-to-visualize dashboards and plain-language explanations” should be a procurement requirement, not a research aspiration.

The second layer is independent auditing, with statutory backing, of the actual performance of deployed systems in their actual settings. Vendor-supplied performance figures are, as the scoping reviews on fall detection make clear, systematically optimistic. An accountability regime worth the name would require providers to log false positives, false negatives, response times and downstream actions in a standardised format, and would require regulators, not vendors, to publish the resulting performance data. Australia's Aged Care Quality and Safety Commission, the CQC in England, CMS in the United States and their equivalents would need substantial additional resourcing and technical capability to conduct such audits credibly. None has it now.

The third layer is algorithmic transparency. Where an AI tool affects the allocation of care, including hours of staffing, level of monitoring, eligibility for funding or assignment to a particular care pathway, residents and their advocates should have a legal right to an explanation of how the system reached its conclusion, expressed in terms an ordinary person can understand. Article 22 of the General Data Protection Regulation in the European Union already prohibits decisions based solely on automated processing that produce significant legal or comparable effects. That principle needs to be operationalised specifically for aged care, with explicit recognition that algorithmic recommendations that substantially shape human decisions count, and that the convenient fiction of “human in the loop” cannot be used to launder automation.

The fourth layer is incident reporting. When an AI tool contributes to harm, whether by missing a fall, misallocating medication, displacing human contact or generating an unsafe care recommendation, the incident should be reportable, on the same statutory footing as a medication error, to the relevant regulator, with public aggregate reporting. The current regime, in which AI-related incidents are typically classified as either workflow events or clinical errors and never as software failures, makes systemic learning impossible.

The fifth layer is a hard ban on substitution where it matters most. The question of whether a companion robot should ever be the primary social contact for a person with dementia is not a question for procurement officers. The position taken by Sherry Turkle of MIT in her 2011 book Alone Together, and elaborated in subsequent work, is that the deployment of robots as substitutes for, rather than supplements to, human relational care is an abdication. That position should be encoded in regulation. Companion robots may have a role; they may not have a role that displaces the requirement for staffed human contact. Procurement should require evidence that a tool augments rather than replaces the relational work, and operational data should be auditable to confirm that what was contracted as augmentation has not, over time, drifted into substitution.

The sixth layer is procurement conditionality, and it is the lever that actually moves the others. Public funders of aged care, which in most jurisdictions means the state, have far more bargaining power than they currently use. Every procurement contract for an AI system in publicly funded aged care should carry conditions on consent processes, audit access, transparency, incident reporting, anti-substitution and a ceiling on the proportion of care time that may be displaced by the system. Vendors that decline to meet those conditions should not be funded. The market will adjust quickly when it has to.

The seventh layer is the one that the agetech sector finds least convenient to discuss. None of the above is a substitute for adequate staffing. Every accountability regime for AI in aged care has to be built on top of, not in place of, the staffing standards, pay levels and workforce protections that the Royal Commission, the Dash Review, the CMS rule and the Canadian Armed Forces report were calling for. AI deployed into an under-staffed environment cannot be made ethical by audits alone. The ethical baseline is a staffed floor.

A Reported Ending

It is tempting, when writing about technology and vulnerability, to land on a hopeful note. The honest reading of the evidence in April 2026 does not really support one. The Aged Care Act 2024 in Australia is in early implementation; the staffing minutes are being met on national average but missed in many individual facilities. The CQC in England is mid-restructure following the Dash operational review. The federal staffing rule in the United States has been repealed and is statutorily prohibited from re-implementation until at least 2034. The Canadian provinces have made limited structural progress since 2020. The agetech market continues to grow. The companies whose pitches Neves, Sanders and Mead analysed are not slowing down their fundraising rounds because the academic literature is cautious about their effect sizes.

What the Conversation article points at, and what the evidence on every category of agetech tool quietly confirms, is that the question of whether AI in aged care is ethical cannot be answered at the level of the individual product. PARO has uses. ElliQ helps some lonely people in Buffalo and Albany. A well-calibrated fall sensor, in a building with enough carers to respond inside three minutes, may well be a net good. None of those local truths bears on the systemic question, which is whether the deployment, in aggregate, is being driven by considerations that the people on whom it is deployed would endorse if they could.

The resident whose hip breaks while the sensor pings an empty corridor does not appear in any vendor case study. Her mobility does not fully return, in the way ninety-year-old mobility rarely does. The room in which she fell still has a sensor on the ceiling, and the sensor still pings when it sees a heat-map blob in the wrong place. The night shift on her floor is still, in April 2026, one registered nurse and two personal care workers covering upwards of forty residents, the kind of configuration that the inspectorate reports from three continents have documented as standard. The vendor's quarterly filings continue to note strong growth in the Asia-Pacific market and new partnerships with major residential care operators. None of those facts, on their own, is scandalous. Together they describe the architecture of a sector that has decided, without ever quite deciding, that the cheaper option is also the wiser one.

The accountability structures that would make AI in aged care ethical are not technically difficult. They are politically expensive. They require regulators to be staffed and funded to a level that no government has yet been willing to fund them to. They require public procurement to drive standards in a market where vendors have grown accustomed to selling unvalidated tools into desperate buyers. They require a public conversation about the proper role of human contact in care that the sector and the technology industry have, between them, been content to defer.

Until those structures exist, the most defensible position is the one Neves and her colleagues argue for: that AI in aged care, deployed primarily to manage the consequences of under-investment in human care, is not a solution to the crisis the Royal Commission documented. It is a way of making the crisis less visible. The sensor sees the ceiling. The ceiling is white. The blob on the floor is logged at a particular minute, and again two minutes later. Somewhere down the corridor, somebody is doing the work that the technology was sold as a substitute for, and somebody else is doing without the work because there was nobody to do it for them. The accounting we owe the residents is the one we have, so far, declined to do.

References & Further Information

1. Neves, B. B., Sanders, A., & Mead, G. “AI companies promise to 'fix' aged care, but they're selling a false narrative.” The Conversation, 24 February 2026. https://theconversation.com/ai-companies-promise-to-fix-aged-care-but-theyre-selling-a-false-narrative-275822
2. Royal Commission into Aged Care Quality and Safety. Final Report: Care, Dignity and Respect. Commonwealth of Australia, 1 March 2021. https://www.royalcommission.gov.au/aged-care/final-report
3. Aged Care Act 2024 (Cth), Federal Register of Legislation, Australia. Commenced 1 November 2025. https://www.legislation.gov.au/C2024A00104/latest
4. Australian Government. “Changes to Staffing rating for Star Ratings.” My Aged Care, October 2025. https://www.myagedcare.gov.au/news-and-updates/changes-staffing-rating-star-ratings
5. Fortune Business Insights. “Elderly Care Market Size, Share & Trends Analysis Report, 2026-2034.” https://www.fortunebusinessinsights.com/elderly-care-market-111477
6. Dash, P. “Review into the Operational Effectiveness of the Care Quality Commission: Full Report.” UK Department of Health and Social Care, October 2024. https://www.gov.uk/government/publications/review-into-the-operational-effectiveness-of-the-care-quality-commission-full-report
7. Skills for Care. “The State of the Adult Social Care Sector and Workforce in England 2025.” https://www.skillsforcare.org.uk/Adult-Social-Care-Workforce-Data/workforceintelligence/resources/Reports/National/The-state-of-the-adult-social-care-sector-and-workforce-in-England-2025-Executive-Summary.pdf
8. Centres for Medicare and Medicaid Services. “Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities.” Federal Register, 10 May 2024. https://www.federalregister.gov/documents/2024/05/10/2024-08273/medicare-and-medicaid-programs-minimum-staffing-standards-for-long-term-care-facilities
9. Centres for Medicare and Medicaid Services. “Repeal of Minimum Staffing Standards for Long-Term Care Facilities.” Federal Register, 3 December 2025. https://www.federalregister.gov/documents/2025/12/03/2025-21792/medicare-and-medicaid-programs-repeal-of-minimum-staffing-standards-for-long-term-care-facilities
10. Canadian Armed Forces. “Op LASER: JTFC Observations in Long Term Care Facilities in Ontario.” Public Safety Canada, May 2020. https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20200831/069/index-en.aspx
11. Hung, L., et al. “Effectiveness of Companion Robot Care for Dementia: A Systematic Review and Meta-Analysis.” Innovation in Aging, 5(2), 2021. https://academic.oup.com/innovateage/article/5/2/igab013/6249558
12. Yu, C., et al. “The effectiveness of a therapeutic robot, 'Paro', on behavioural and psychological symptoms, medication use, total sleep time and sociability in older adults with dementia: A systematic review and meta-analysis.” International Journal of Nursing Studies, 2023. https://www.sciencedirect.com/science/article/abs/pii/S0020748923000950
13. Broxvall, M., et al. “ElliQ, an AI-Driven Social Robot to Alleviate Loneliness: Progress and Lessons Learned.” 2024. https://pmc.ncbi.nlm.nih.gov/articles/PMC10917141/
14. New York State Office for the Aging. “ElliQ Proactive Care Companion Initiative: Project Update 2026.” February 2026. https://aging.ny.gov/system/files/documents/2026/02/nysofa-elliq-project-update-2026.pdf
15. “AI-Driven Inpatient Fall Prevention Using Continuous Monitoring: From Early Detection to Workflow-Integrated Decision Support: A Scoping Review.” Applied Sciences, MDPI, 2025. https://www.mdpi.com/2076-3417/16/7/3383
16. “Digital Healthcare Approaches for Fall Detection and Prediction in Older Adults: A Systematic Review of Evidence from Hospital and Long-Term Care Settings.” Medicina, MDPI, 2025. https://www.mdpi.com/1648-9144/61/11/1926
17. Wong, A., et al. “External Validation of a Widely Implemented Proprietary Sepsis Prediction Model in Hospitalized Patients.” JAMA Internal Medicine, 2023.
18. Neves, B. B., Petersen, A., Vered, M., Carter, A., & Omori, M. “Artificial Intelligence in Long-Term Care: Technological Promise, Aging Anxieties, and Sociotechnical Ageism.” Journal of Applied Gerontology, 2023. https://journals.sagepub.com/doi/10.1177/07334648231157370
19. “Designing for dignity: ethics of AI surveillance in older adult care.” Frontiers in Digital Health, 2025. https://www.frontiersin.org/journals/digital-health/articles/10.3389/fdgth.2025.1643238/full
20. “Paternalistic AI: the case of aged care.” Humanities and Social Sciences Communications, 2024. https://www.nature.com/articles/s41599-024-03282-0
21. Cordoba, S., et al. “First Robodebt, now NDIS and aged care: how computers still decide who gets care.” The Conversation, March 2026. https://theconversation.com/first-robodebt-now-ndis-and-aged-care-how-computers-still-decide-who-gets-care-280711
22. Royal Commission into the Robodebt Scheme. Report of the Royal Commission into the Robodebt Scheme. Commonwealth of Australia, July 2023.
23. General Data Protection Regulation, Article 22, “Automated individual decision-making, including profiling.” Regulation (EU) 2016/679. https://gdpr-info.eu/art-22-gdpr/
24. Turkle, S. Alone Together: Why We Expect More from Technology and Less from Each Other. Basic Books, 2011.
25. Australian Institute of Health and Welfare. Dementia in Australia 2024. https://www.aihw.gov.au/reports/dementia/dementia-in-australia

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

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The egg is too big. That is the first thing you notice. It rolls out from behind a barn door that is itself the wrong shape, on a farm whose perspective keeps sliding a degree or two out of true, and when the egg cracks open the horse that emerges is proportioned like a child's drawing of a horse attempted by a committee. Its legs are the wrong length. Its eyes are in slightly the wrong place. The soundtrack, set to an off-key rendition of “Old MacDonald Had a Farm”, is already on to the next verse before the animal has finished hatching. The whole sequence lasts about eleven seconds. Then the video cuts to a letter of the alphabet, a new animal, a new impossibility, the same music climbing a half-step higher than your ear wants it to.

This is not, on any sensible definition, a children's video. It is a machine's hallucination of one, optimised for the half-second in which a thirteen-month-old stops crying and reaches for the screen. According to the New York Times, which in February 2026 spent weeks reviewing more than a thousand videos that YouTube's algorithm recommended to accounts configured as children's, it is what vast stretches of the modern toddler's media environment now look like. After a single viewing of a legitimate CoComelon video, the Times reported, more than 40 per cent of the YouTube Shorts subsequently recommended to the test account contained synthetic visuals. The videos carried names that promised to teach the alphabet and animals and colours. They did no such thing. They were, in the exacting formulation the internet has settled on, slop.

On 1 April 2026 a coalition organised by the American advocacy group Fairplay and addressed jointly to Sundar Pichai, chief executive of Google's parent Alphabet, and Neal Mohan, chief executive of YouTube, asked the companies to do something about it. The letter was signed by more than 230 organisations and individual experts, including the American Federation of Teachers, the American Counseling Association, the National Black Child Development Institute, the Canadian Centre for Child Protection, Mothers Against Media Addiction and ParentsSOS. Among the individuals were Jonathan Haidt, author of The Anxious Generation, and the developmental behavioural paediatrician Jenny Radesky of the University of Michigan, who co-directs the American Academy of Pediatrics' Center of Excellence on Social Media and Youth Mental Health. The letter asked for six things: clear labelling of all AI-generated content across YouTube; an outright ban on AI content on YouTube Kids; a prohibition on AI-generated “made for kids” content on the main platform; a rule against recommending AI content to users under eighteen; a parental toggle that switches AI off by default; and a halt to further investment in AI-generated children's content.

Two weeks later, on 13 April, an arXiv paper titled “Who Gets Flagged? The Pluralistic Evaluation Gap in AI Content Watermarking” added an uncomfortable footnote. Even the parts of those demands that look technical, labelling, detection, identifying machine-made video at the point of delivery, cannot be done reliably with the tools platforms currently deploy. The three major regulatory frameworks that mandate watermarking, the EU AI Act, US Executive Order 14110 and China's Measures for Labeling AI-Generated Synthetic Content, all require some form of traceability; none requires that detection performance be evaluated across languages, cultural content types or demographic groups. The governance gap is not that watermarking is impossible. It is that watermarking, as currently specified, can be present and still fail silently in exactly the contexts in which it is supposed to protect the most vulnerable users.

All of which amounts to a problem with a particular shape. The first media environment that many of today's infants and toddlers encounter is increasingly generated by systems with no developmental mandate, governed by recommendation algorithms that optimise for watch time, delivered through platforms whose detection tools cannot reliably distinguish synthetic from human-made content, to children whose brains are at their most plastic. The question is not whether this matters. The question is what the mattering consists of, and what the companies whose infrastructure produces it are actually obliged to do.

The shape of the slop

To understand why the Fairplay letter exists, it helps to understand what has happened to the economics of children's video. The old attention economy, the one that produced Sesame Street and Bluey and, for better or worse, CoComelon, was expensive. It involved writers and animators and composers and, crucially, child-development consultants. A single episode of a flagship preschool programme could take a year and cost upwards of a million dollars. The cost structure was a filter: people who could not afford specialists did not tend to make the shows.

That filter has collapsed. According to a December 2025 Fortune profile, a 22-year-old entrepreneur named Adavia Davis runs a YouTube network whose videos are almost entirely generated by a proprietary pipeline called TubeGen, built by his partner Eddie Eizner. Scripts and visuals come out of Anthropic's Claude; narration from ElevenLabs; editing is automated. The results can run as long as six hours and cost as little as sixty dollars to produce. Davis told Fortune the network was taking in forty to sixty thousand dollars a month in advertising against about six and a half thousand in operating costs.

Zoom out, and the shape gets more alarming. A December 2025 study by the video-editing company Kapwing examined fifteen thousand trending YouTube channels and isolated 278 that produced nothing but AI-generated content fitting the slop profile. Those 278 channels had collectively amassed 63 billion views, 221 million subscribers, and an estimated 117 million US dollars in annual ad revenue. A single South Korean channel, Three Minutes Wisdom, had accumulated 2.02 billion views on its own. The broader Kapwing analysis suggested between a fifth and a third of the typical YouTube recommendation feed was now AI slop. In some children's categories, independent investigators have reported that only around five per cent of content in a given niche appears to be human-made.

These numbers describe a particular economic equilibrium. Each slop video earns a fraction of what a well-made children's programme earns per viewer, but the marginal cost of producing the next one is close to zero, and YouTube's algorithmic plumbing, which rewards raw watch time, does not meaningfully penalise the difference in quality. Neal Mohan listed “managing AI slop” among YouTube's priorities for 2026 in his February annual letter. The inauthentic content policy, clarified in July 2025, now explicitly targets “templated, low-effort videos at scale”. But YouTube has been clear, via creator liaison Rene Ritchie, that AI itself is not banned, and channels using AI remain eligible for monetisation. The company is trying to have an AI industry and a brand-safe children's platform in the same room at the same time.

What the videos actually show

The specifics are worse than the abstraction. The Times catalogued them at length. A gooey liquid squeezed into a glass of water before turning into animals representing each letter of the alphabet, except the animals were chimeras with mermaid tails. An impossibly proportioned horse hatching from an egg. Faces that warped mid-frame. Extra body parts appearing and disappearing within a single shot. Garbled text purporting to spell words. None of it was longer than about thirty seconds in Shorts form, which, as developmental researchers pointed out to the paper, allows no time for the repetition and narrative scaffolding that underlies actual learning.

Worse, some of the content was not merely incoherent but materially dangerous. A March 2026 follow-up reported by Futurism and the Los Angeles edition of National Today, drawing on videos flagged by the Times and by researchers at Children's Health Defense, documented AI-generated “educational” clips that depicted characters walking in the middle of a road with cars approaching as if this were normal; clips that taught road rules by informing children that “green means right” instead of “go”; clips that showed a baby swallowing whole grapes, a well-documented choking hazard; clips that showed a baby eating honey, which can cause infant botulism and kill children under one. These were not fringe horror videos surfaced by dedicated investigators. They were recommended by the platform, under thumbnails and titles that promised conventional toddler content.

The reason this happens is partly that the models do not know better and partly that, by the time the content has been generated, no part of the delivery pipeline is looking. Generative video systems trained on human-made footage can reproduce the surface characteristics of a children's cartoon, the saturated colours, the nursery-rhyme cadence, the toothy grin on a farm animal, without any internal representation of which of those surface features is meant to model appropriate behaviour. A script that says “baby eats a snack” can be rendered with any snack the model has seen enough of. If the model has seen honey, it can render honey. The video will pass every surface test the platform applies, because the surface is all there is.

Recommendation as developmental hazard

The coalition letter is careful not to suggest that every individual AI-generated video, considered on its own, is harmful. Its central argument is about system effects, and the part of the system that matters most is not creation but distribution. On YouTube, what a child watches next is a function of what the recommender predicts will maximise some combination of watch time, session length and ad impressions. In practice, as the Times documented and as a March 2026 EU Today investigation confirmed, the recommender steers children toward AI content because AI content is optimised, accidentally or deliberately, for exactly the features the recommender rewards: high novelty, short duration, bright colours, rapid cuts, sticky audio, the over-stimulating profile that holds a young child's gaze for longer than a slower, more coherent programme would.

This is the failure mode Radesky's American Academy of Pediatrics policy statement “Media and Young Minds”, published originally in 2016 and updated in 2024, really points at. Children under about two, according to the research literature her statement summarises, exhibit what psychologists call the “video deficit”. They learn language and behaviour from live human interaction far more readily than from video of the same speaker. The video deficit narrows if an adult co-views and scaffolds the material, asking questions, directing attention, connecting what is on the screen to the world around the child. It narrows further if the video involves genuine back-and-forth, as in a video call. It does not narrow if the child is alone in front of a screen that is alone in front of an algorithm.

Patricia Kuhl's 2003 work at the University of Washington is the canonical study. Nine-month-old American infants exposed to Mandarin speakers in person retained sensitivity to Mandarin phonemes they would otherwise have lost by twelve months. Infants exposed to the same speakers on video, saying the same things in the same way, showed no such retention. The human face, the shared gaze, the social contingency of the exchange, were doing work the pixels alone could not do. Two decades of follow-up research, including work on video chat by Lauren Myers and colleagues in Child Development (2014) and the 2018 PNAS study “Two are better than one” on peer-assisted video learning, has consistently found that whatever makes human interaction educationally potent for very young children is not reliably reproduced by a screen.

Now consider the environment the Fairplay letter is describing. A toddler sits in a high chair or a buggy or a back seat, alone with a tablet. The tablet is showing content no adult has vetted, because no adult knew what was going to appear next, because nobody knows, because the recommender is choosing in the same moment the child is watching. The content is generated by a model that has no mental model of a child. The audio is pitched to hold attention by exploiting the same perceptual features that attention-capturing advertising exploits in adults: the sudden colour change, the unexpected musical interval, the face that does not quite resolve. In place of joint attention, there is the machine's attention to engagement metrics. In place of a parent pointing at a horse and saying “horse”, there is a model that cannot quite render a horse and does not know why that matters.

The likely developmental cost is not that any single child will be ruined by any single video. It is that the aggregate environment is nudging language acquisition, narrative cognition and the early scaffolding of theory of mind toward corners they do not want to be in. Narrative cognition depends on following a story that unfolds over time, with characters whose goals and states change in recognisable ways. The thirty-second AI clip does not have characters in that sense; it has arrangements of pixels that a model has stitched together to maximise retention on a swipe feed. Parasocial bonds, which the Georgetown Center on Digital Media and Children's Development has shown can be genuinely educationally useful when they form with coherent characters like Daniel Tiger or Elmo, cannot form in the usual way with characters who mutate between shots because no stable character was ever authored. Theory of mind, the slow developmental achievement of understanding that other beings have beliefs, desires and intentions different from your own, depends on encountering minds in a reliable enough way to build a model of what a mind is. The AI chimera on the Shorts feed has no mind, never had one, and does not cohere long enough to pretend to.

The governance gap in detection

The coalition letter's demand for labelling is the one that sounds most technically tractable and is, in practice, the hardest. This is the territory the April 2026 arXiv paper stakes out. “Who Gets Flagged?” argues that the existing policy scaffolding around watermarking, Article 50 of the EU AI Act, US Executive Order 14110, China's content-labelling measures, shares a common flaw. Each framework obliges producers of generative AI systems to mark their outputs in some way, and each assumes, without requiring evidence, that the marks can be reliably recovered downstream. Recoverability varies with the statistical properties of the content itself. For text, with language. For images, with visual style. For audio, with compression, pitch and rate. None of the three frameworks requires evaluation of recoverability across those axes, which means a watermarking regime can be formally compliant and still be invisible on exactly the subset of content the regulator most needed to flag.

The paper does not single out children's content, but the implications are stark. Children's video is aggressively re-compressed, up-pitched, cut into Shorts, remixed with stock footage, re-uploaded across accounts. Every step degrades the signal. By the time a video reaches YouTube Kids, the original watermark a conscientious model provider might have embedded at generation time is, with high probability, unreadable. A related position paper, “Watermarking Without Standards Is Not AI Governance”, published on arXiv by Carnegie Mellon and partner institutions in May 2025 and updated in March 2026, makes the same point from the other direction: in the absence of shared standards, different providers produce different, mutually invisible watermarks, and platforms that want to act on the information cannot, because each provider's scheme requires a different decoder.

This does not mean YouTube cannot label AI content. It means the platform cannot label it purely by detecting a watermark in the file. It has to rely on other signals: account behaviour, metadata, manual review, creator flags. YouTube's 2024 disclosure requirement, updated through 2025, asks creators to tick a box in YouTube Studio when they upload “realistic altered or synthetic” content. The honest question is how much self-disclosure it really produces among operators whose business model depends on the audience not realising the videos are AI-generated. The same issue surfaced when the platform tried to rely on creator self-identification of child-directed content after the 2019 FTC settlement that required Google and YouTube to pay 170 million US dollars for alleged violations of the Children's Online Privacy Protection Act. Self-identification is a floor; the operators with the most reason to lie are the ones the label is supposed to constrain.

The obligations platforms are not yet meeting

The legal scaffolding around children's content has been quietly maturing while this environment has been forming beneath it. COPPA, the 1998 Children's Online Privacy Protection Act, is still the US baseline, and the 2019 settlement forced YouTube to build the “made for kids” designation that now, ironically, makes it easier for AI operators to flag their own slop into the child-directed pipeline. The UK's Online Safety Act 2023, whose Protection of Children codes came into force on 25 July 2025, imposes a statutory duty of care on user-to-user services accessed by children, backed by fines of up to 18 million pounds or 10 per cent of global turnover, enforced by Ofcom, which by March 2026 had opened more than eighty investigations under the Act's age-assurance provisions. The Act requires proportionate measures against content “harmful to children”, a category Ofcom's January 2026 guidance interprets to include content presenting risks of physical harm.

The EU's Digital Services Act, whose Article 28 guidelines on the protection of minors were finalised by the European Commission on 14 July 2025, obliges very large online platforms including YouTube to ensure “a high level of privacy, safety and security of minors”. The guidelines specifically address recommender systems: minors should have the ability to reset their recommended feeds; non-profiling recommender options should be available and, where appropriate, set as default; feedback mechanisms such as “show me less” should directly influence content visibility. The guidelines are non-binding in the strict sense, but the Commission has described them as a “significant and meaningful benchmark” for Article 28 compliance, and the enforcement powers are real.

Against this landscape, the Fairplay letter's demands look less like activism and more like a preview of what compliance will, within a few years, require. Clearly labelling all AI-generated content is a corollary of Article 50 once detection becomes reliable enough to enforce. Banning AI-generated content on YouTube Kids is implicit in a UK Online Safety Act duty of care that treats the cultivation of cognitive harm to under-fives as a foreseeable consequence of the current recommender configuration. Barring recommender systems from pushing AI content to under-eighteens is effectively what the DSA Article 28 guidelines describe. A parental toggle is the minimum user-control affordance those same guidelines enumerate.

What the platforms are not currently meeting is less the letter of these regimes than the spirit. YouTube's inauthentic content policy will remove a channel that produces templated videos at scale, but reactively, after views have accumulated and revenue has been disbursed and children have watched. YouTube Studio's disclosure tool flags AI content if the creator opts in, which is exactly what creators with a business model built on opacity will not do. The 2019 COPPA “made for kids” designation was never intended as a machine-readable tag for quality control, and is now being inverted by AI operators who flag their own output into the children's pipeline to collect child-directed advertising revenue that complies with COPPA's behavioural-targeting rules. None of this is outright illegal. A great deal of it is, in the terms of the Online Safety Act, arguably not reasonably practicable to prevent. That is the hinge on which every conversation about platform responsibility now swings.

Why the platforms have not acted

The political economy is mundane. The first reason is revenue. The 117 million US dollars in annual ad revenue across 278 slop channels is a small slice of YouTube's take, but non-trivial and growing, produced by channels whose cost of adding the next video is measured in dollars rather than thousands. Banning AI slop from YouTube Kids the way Fairplay has asked would require YouTube to either build a reliable classifier, exactly the problem the arXiv paper says is not solvable with watermarking alone, or default to human review of new children's channels, expensive, slow and the opposite of the platform's operating philosophy.

The second reason is that YouTube is not the primary villain of its own economics, and the company knows it. The slop pipeline extends upstream to Anthropic's Claude, OpenAI's video models, ElevenLabs' voice clones, Runway's generative video, and downstream to advertising networks that pay for watch time regardless of whether the watcher is sixteen months old. Each of those players faces regulatory pressure to label outputs; each, on present technology, cannot guarantee a label will survive the distribution pipeline. For YouTube to ban AI on Kids in a way that actually worked, it would need cooperation from every upstream provider and a detection regime that outperformed every adversarial operator with a financial incentive to evade it. That is not a problem any single platform can solve unilaterally.

The third reason is that there has historically been no political cost to inaction. COPPA enforcement is slow. The FTC's 170-million-dollar 2019 penalty was extracted for a decade of behavioural advertising violations, not for the content itself. The Online Safety Act has not yet been tested in a children's-content case at precedent level. The DSA is still in its enforcement adolescence. None of this is an excuse, but it explains why the board of Alphabet has not yet been presented with a memo saying the quiet part out loud: that the expected value, under the current regime, of cleaning up children's AI content is smaller than the expected value of continuing to run the platform roughly as it is.

The coalition letter is trying to change that calculus by making the political cost of inaction legible. Getting 230 organisations on the same page is a logistical feat. Getting the American Federation of Teachers, the National Black Child Development Institute, the Canadian Centre for Child Protection and a Jonathan Haidt on the same letter makes the story harder to dismiss as activist overreach or parental paranoia. It builds a record that will be cited at the next Ofcom enforcement action, the next DSA systemic-risk assessment, the next COPPA rulemaking. Those are the places where the cost-benefit math for YouTube will change.

What a responsible regime would look like

The contours of a workable regime, extrapolating from the coalition demands and the regulatory trajectory, are not mysterious. They are just expensive.

On the content side, YouTube Kids, the walled-garden app, should not contain AI-generated video at all for children under a threshold set by reference to the developmental literature Radesky and her colleagues have been producing for a decade. The argument that this is technically infeasible because detection is unreliable is, on closer inspection, an argument for whitelisting rather than blacklisting: allow only content from a finite set of human creators whose identities and production processes are verified, and default to refusal for everything else. This is the model the BBC CBeebies app already runs in effect. The cost is dramatic reduction in the library. The benefit is dramatic reduction in the harm surface.

On the main platform, the recommender should not push AI-generated content to accounts logged in as under-eighteen, and should offer a non-profiling recommender by default to those accounts. This is the DSA Article 28 default; Fairplay has simply asked YouTube to apply it to the specific class of content the data suggests is most hazardous. A parental toggle goes further, giving adult users a single control for AI content across the household account, on by default, shifting the cognitive labour of supervision back onto the platform.

On disclosure, the watermarking regime needs the interoperability the May 2025 arXiv paper has already laid out: a shared, audited, open-standard scheme every major model provider is contractually obliged to implement and every platform is contractually obliged to decode. Article 50 is the right vehicle. In the interim, platforms should rely on stronger signals than creator self-declaration: account behaviour, production cadence, upload patterns, and the content-forensics tooling newsrooms have been developing since the first deepfakes appeared.

On advertising, the monetisation pipeline for child-directed AI content should be closed. The post-COPPA made-for-kids designation was always meant to constrain commercial exploitation of child viewers. Treating AI-generated made-for-kids content as ineligible for the advertising revenue that funds the slop economy is the single regulatory change with the largest expected effect on the supply side. It does not require new legislation. It requires the platform to interpret its existing obligations in the direction of children rather than operators.

What the mattering consists of

Return, finally, to the hatching horse. There is a version of this story in which the debate is a fuss about nothing. Children have always watched odd television. The Teletubbies were strange. Peppa Pig is, on close inspection, relentlessly repetitive. No generation raised on the BBC test card turned out wholly deranged. The calculator analogy developmental psychologists have spent three years tearing down is not the only deflection available; there is also a cynical one, which says commercial children's media has always been a cognitive hazard and AI has merely lowered the production cost.

The answer the Fairplay coalition is giving is that scale and direction both matter. Scale, because the difference between a child watching one strange programme a week and a child being served an endless algorithmic feed of strange synthetic content is not a difference of degree but of what the child's media environment is. Direction, because every previous generation of children's media, even the commercially cynical ones, involved adults at some point making decisions about what was appropriate for a six-year-old to see, and those decisions, however imperfect, were adults' decisions. The AI slop pipeline removes those decisions. It replaces them with engagement metrics. It delegates to a model the things a responsible children's producer, even a merely competent one, would have been contractually obliged to think about.

The long-term implications are legible even if they are not yet measurable. A cohort of children whose earliest language exposure is dominated by content with no consistent narrator, no stable characters, no coherent grammar of the world, will build internal models of narrative, language and social reality that reflect that input. A cohort whose parasocial bonds form with mutating AI chimeras rather than with Daniel Tiger or Bluey or Elmo will have parasocial bonds that are less developmentally productive. A cohort whose first encounters with educational content are not educational, because they teach that green means right and that babies eat honey, will start formal schooling with a different set of priors than a cohort whose first encounters were produced by adults trying, in however flawed a way, to teach something true. These are not apocalyptic predictions. They are base-rate extrapolations from a developmental psychology literature that has been remarkably consistent for fifty years.

The obligations platforms are not currently meeting are also not exotic. They are the obligations that have existed, in some form, since television was invented and any regulator decided children's television should be treated differently from adult television. Broadcast regulators in every developed country, from the FCC to Ofcom to ACMA, have always operated on the premise that the developmental vulnerability of young children creates a special duty for the people who transmit content into their homes. YouTube has argued for twenty years that it is not a broadcaster, that it is a platform, that the content on it is produced by its users and that its role is infrastructural rather than editorial. The AI slop crisis is the moment at which that argument becomes unsustainable. When the content is not being produced by users in any meaningful sense, when it is produced by models operated by commercial entities whose relationship with the child is purely extractive, the platform is not hosting user content. It is running a delivery system for a synthetic children's media industry it declined to regulate because declining to regulate was profitable.

The coalition letter does not put it in quite those terms. It asks, politely and in the language of child welfare, for YouTube and Google to behave as if the children on the other end of the recommendation algorithm were their own. The question the letter is really posing is the one the next five years of regulatory enforcement will answer: whether a platform whose products meaningfully shape the cognitive development of a generation of infants and toddlers can continue to claim, with a straight face, that the cognitive development of that generation is somebody else's problem. It is not a question that has a technical answer. It is a question about what kind of industry we want children's media to be, and who, in the end, is responsible for the horse that hatches from the egg.

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References & Sources

1. Metz, C. and Mickle, T. “How A.I.-Generated Videos Are Distorting Your Child's YouTube Feed.” The New York Times (via dnyuz.com), 26 February 2026. https://dnyuz.com/2026/02/26/how-a-i-generated-videos-are-distorting-your-childs-youtube-feed/
2. Fairplay for Kids. “YouTube: Stop 'AI Slop' for Kids.” 1 April 2026. https://fairplayforkids.org/youtube-stop-ai-slop-for-kids-says-letter-from-fairplay-over-200-experts-including-jonathan-haidt/
3. Fairplay for Kids. Open letter to Sundar Pichai and Neal Mohan. March 2026. https://fairplayforkids.org/wp-content/uploads/2026/03/YouTube-Letter-AI-Slop.pdf
4. “Who Gets Flagged? The Pluralistic Evaluation Gap in AI Content Watermarking.” arXiv:2604.13776, April 2026. https://arxiv.org/abs/2604.13776
5. “Watermarking Without Standards Is Not AI Governance.” arXiv:2505.23814, May 2025 (rev. March 2026). https://arxiv.org/abs/2505.23814
6. “Missing the Mark: Adoption of Watermarking for Generative AI Systems.” arXiv:2503.18156, March 2025. https://arxiv.org/abs/2503.18156
7. Futurism. “'Educational' YouTube AI Slop Encourages Kids to Play in Traffic.” March 2026. https://futurism.com/artificial-intelligence/educational-youtube-ai-slop-play-in-traffic
8. National Today (Los Angeles). “AI-Generated YouTube Videos Teach Children Dangerous Behaviors.” 30 March 2026. https://nationaltoday.com/us/ca/los-angeles/news/2026/03/30/ai-youtube-videos-teach-children-dangerous-behaviors/
9. EU Today. “YouTube steers children towards AI-made videos disguised as educational content.” 2026. https://eutoday.net/youtube-steers-children-towards-ai-made-videos/
10. Children's Health Defense. “AI 'Slop' Puts Young Brains at Risk.” 2026. https://childrenshealthdefense.org/defender/ai-slop-misleading-videos-youtube-children-safety-brain-development-risks/
11. Fortune. “This 22-year-old college dropout makes $700,000 a year from 'AI slop'.” 30 December 2025. https://fortune.com/2025/12/30/ai-slop-faceless-youtube-accounts-adavia-davis-user-generated-content/
12. MediaNama. “AI Slop Videos Make Up 33% of YouTube Feed, Says Study.” December 2025. https://www.medianama.com/2025/12/223-ai-slop-videos-youtube-algorithmic-recommendations/
13. YouTube Blog. “Neal Mohan's 2026 Letter: The Future of YouTube.” February 2026. https://blog.youtube/inside-youtube/the-future-of-youtube-2026/
14. Flocker. “YouTube Inauthentic Content Policy: AI Enforcement Wave 2026.” 2026. https://flocker.tv/posts/youtube-inauthentic-content-ai-enforcement/
15. Radesky, J. and Christakis, D. “Media and Young Minds.” AAP Policy Statement, Pediatrics, 2016 (updated 2024).
16. Kuhl, P., Tsao, F. and Liu, H. “Foreign-language experience in infancy.” PNAS, 2003.
17. Myers, L. et al. “Skype me! Socially Contingent Interactions Help Toddlers Learn Language.” Child Development, 2014. https://pmc.ncbi.nlm.nih.gov/articles/PMC3962808/
18. Lytle, S., Garcia-Sierra, A. and Kuhl, P. “Two are better than one.” PNAS, 2018. https://www.pnas.org/doi/10.1073/pnas.1611621115
19. Brunick, K. et al. “Children's future parasocial relationships with media characters.” Georgetown CDMC, 2016. https://cdmc.georgetown.edu/wp-content/uploads/2016/04/Brunick-et-al-2016.pdf
20. FTC. “Google and YouTube Will Pay Record $170 Million.” 4 September 2019. https://www.ftc.gov/news-events/news/press-releases/2019/09/google-youtube-will-pay-record-170-million-alleged-violations-childrens-privacy-law
21. UK Government. “Online Safety Act 2023.” https://www.legislation.gov.uk/ukpga/2023/50
22. Ofcom. “Protection of children duties under the Online Safety Act.” 2025. https://www.ofcom.org.uk/online-safety/protecting-children/protection-of-children-duties-under-the-online-safety-act
23. Ofcom. “Online safety industry bulletin, March 2026.” https://www.ofcom.org.uk/online-safety/illegal-and-harmful-content/online-safety-industry-bulletins/online-safety-industry-bulletin-march-2026
24. European Commission. “Guidelines on the protection of minors.” 14 July 2025. https://digital-strategy.ec.europa.eu/en/library/commission-publishes-guidelines-protection-minors
25. Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. §§ 6501-6506.

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

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On a morning in Yogyakarta in early 2026, a food delivery rider named Lia was up before sunrise. She is 33, a mother of two, and the day started the way every day starts: breakfast for the children, uniforms located, school bags checked, the smaller one coaxed into shoes. Only once the front door had closed behind them did she open the app and begin looking for work. The algorithm that had ignored her for the previous ninety minutes registered her presence and began handing her orders. By the time she returned home that evening to cook, to clean, to help with homework, to do the second shift that nobody paid her for, the app had logged two cancellations against her name. One was a safety decision. The other was a child's fever. Neither was an excuse the system recognised. Her acceptance rate had slipped, her priority score with it, and the next morning the best-paying jobs would go to someone with fewer domestic obligations. Lia does not know exactly how the algorithm ranks her. No one does. The rules are not published. There is no one she can write to. There is, strictly speaking, no one.

Lia's story opens a peer-reviewed analysis published in The Conversation on 12 April 2026 by Suci Lestari Yuana, a lecturer at the Faculty of Social and Political Sciences at Universitas Gadjah Mada, Yogyakarta, and an Innovation Studies PhD from Utrecht University. The analysis, drawing on ethnographic fieldwork with Indonesian gig workers, makes an argument the academic literature has been edging toward for the better part of a decade and which has now, in 2026, become impossible to ignore. Algorithmic management of platform labour, presented by its designers as neutral, is in operation a machine for systematically disadvantaging anyone whose working pattern deviates from the profile of a worker with no care responsibilities. That profile, in Indonesia and almost everywhere else, is male. The discrimination is not encoded; it is structural. The algorithm does not hate women. It simply does not see them.

The Indonesian case is one node in a much larger story. On 25 December 2025, around 40,000 delivery workers across Mumbai, Delhi, Hyderabad, Bengaluru, and a scatter of smaller cities walked off the platforms of Swiggy, Zomato, Zepto, Blinkit, Amazon, and Flipkart in a flash strike that delayed roughly half of Indian food and quick-commerce orders for a day. The strike was organised by the Indian Federation of App-Based Transport Workers and the Telangana Gig and Platform Workers Union, fronted by Shaik Salauddin, the Telangana Four-Wheeler Drivers' Association veteran who has spent a decade turning ride-hail grievance into pan-Indian labour infrastructure. The demand list read like a catalogue of what algorithmic management produces when there is nothing to restrain it: transparent wage structures, an end to the ten-minute quick-commerce delivery target that had been killing couriers, guaranteed work allocation, mandatory rest breaks, a real grievance mechanism, and an end to deactivations that arrived without warning and without appeal. A follow-up strike on New Year's Eve extended the point. Within weeks the Union Government of India had directed the quick-commerce platforms to stop advertising the ten-minute promise. That was the easy win. Everything else is still being fought for.

And then, published in February 2026 in Humanities and Social Sciences Communications, a Nature portfolio journal, a configurational analysis of 316 longitudinally surveyed platform gig workers concluded what workers have been saying all along. Perceptions of decent work on AI-managed platforms emerge through a handful of distinct pathways, almost all of which depend on worker characteristics the platform algorithms do not register, cannot see, and do not accommodate. The study did not say the platforms are uniformly terrible. It said, more awkwardly, that whether a worker experiences anything resembling the International Labour Organization's concept of decent work is determined by the collision between that worker's life circumstances and an algorithm that does not know those circumstances exist.

Put the three documents side by side and a single question rises out of them. If algorithmic management is now the dominant form of labour oversight for hundreds of millions of people globally, if the entity issuing pay, allocating tasks, assessing performance, and terminating contracts is a system rather than a person, what would it mean to say that those people have labour rights at all?

The Shape of the Void

The most useful way to understand the legal position of a gig worker managed by an algorithm is to begin with what they do not have. They do not have an employer in the sense that labour law in most jurisdictions recognises. They do not have a contract of employment. They do not have the protections attached to that contract: minimum wage floors, statutory leave, sickness pay, notice periods, redundancy procedures, anti-discrimination duties, pension contributions, collective bargaining recognition. What they have, in the standard platform model, is a commercial relationship with a company that characterises them as an independent contractor or, in the Indonesian idiom used by ride-hailing platforms, a “partner.”

The partnership is one-sided. The worker accepts terms of service they cannot negotiate. The platform can change those terms at any time and typically does. Pay per task is set by a dynamic pricing algorithm whose inputs the worker cannot see and whose outputs they cannot predict. Work is allocated by a matching algorithm that considers factors the platform describes vaguely as availability, reliability, and proximity, and which in practice include acceptance history, ratings averages, and responsiveness windows that only loosely track what a worker might recognise as merit. Penalties for unavailability, late delivery, low ratings, or customer complaints are applied without a hearing. Deactivation, the platform term for sacking, can be triggered by a single passenger complaint, by a fraud-detection model's pattern match, or by an opaque review whose outcome arrives in a template email. There is, in most cases, no right of appeal that an impartial reader would recognise as meaningful.

This is the void the legal system has not yet filled. The 2025 Human Rights Watch report The Gig Trap, which examined seven major American platforms including Amazon Flex, DoorDash, Instacart, Lyft, Shipt, and Uber, found that six of the seven used algorithms with opaque rules to determine pay and assign jobs, that workers routinely did not know what they would earn until after completing a task, that Texas gig workers surveyed earned nearly 30 per cent below the federal minimum wage and roughly 70 per cent below the MIT-estimated Texas living wage, and that deactivation without warning was a structural feature of the industry rather than an aberration. Of the 65 workers Human Rights Watch surveyed who feared deactivation, 40 had already experienced it. The Fairwork 2025 United States ratings, titled When AI Eats the Manager and produced by the Oxford Internet Institute with the WZB Berlin Social Science Centre, found that the majority of the eleven platforms assessed, including Uber, Lyft, DoorDash, and Instacart, could not evidence they met the minimum thresholds of any of Fairwork's five principles: fair pay, fair conditions, fair contracts, fair management, and fair representation.

Three things follow from this architecture. First, the decision-maker is a system. Human intervention is present somewhere in the loop, but as Amsterdam's Court of Appeal found in 2023 in its judgment on the Drivers v. Uber and Ola cases, a human signature on a termination decision produced by a model does not count as meaningful review when the reviewer in practice does little more than endorse the algorithmic output. The Court called it a “purely symbolic act.” Second, the decision is opaque. The worker cannot know why a rate fell, why an order went to someone else, why an account was suspended. The rules are trade secrets; the training data is private; the weightings are proprietary. Third, the decision is unappealable in the sense that would matter to a lawyer. There is no tribunal. There is a support chat, often another bot, and a form. If the form does not help, the worker's recourse is to find another platform.

Contract law applies. Consumer protection law applies at the margins. Data protection law, in jurisdictions that have it, applies in a way that is slowly becoming useful. But the dense, historically accumulated body of labour law, the workplace-specific settlement Western democracies spent a century building and much of the rest of the world has been extending imperfectly ever since, does not. The gig worker managed by an algorithm stands in a relation to their livelihood that looks, from one angle, like self-employment, from another, like serfdom, and from a third, like nothing the law has seen before.

What Algorithmic Wage Discrimination Actually Looks Like

The scholar who has done most to name the pay side of this problem is Veena Dubal, a professor of law at the University of California, Irvine, whose 2023 Columbia Law Review paper On Algorithmic Wage Discrimination coined the term and grounded it in nearly a decade of ethnographic fieldwork with ride-hail drivers in the San Francisco Bay Area. Dubal's core observation is almost embarrassing in its plainness. Platforms that once paid a flat per-mile or per-minute rate now use machine learning to personalise pay. Two drivers working the same hours in the same city with the same skills can earn strikingly different amounts. Uber's own research, which Dubal catalogued, found that drivers who work longer make less per hour. The variable-rate structure is not an accident; it is an extraction mechanism. The model learns which drivers will accept which jobs at which prices and squeezes each one as far as the model's predictions say they will accept.

Other sources have corroborated it. Research published by the University of Oxford in partnership with Worker Info Exchange, the UK non-profit founded by James Farrar, the former Uber driver who was a claimant in the UK Supreme Court case Uber BV v. Aslam, found that 82 per cent of UK Uber drivers earn less per hour after the introduction of dynamic pay and that the platform's commission on fares now often exceeds 50 per cent, against a previous flat rate of 25 per cent. Worker Info Exchange has since issued Uber a Letter Before Action on behalf of drivers in the UK and Europe, challenging the dynamic pay system as unlawful. It is the first collective legal action in Europe to take direct aim at personalised algorithmic pay.

The Indonesian story is structurally the same but plays out against a different backdrop. Yuana's fieldwork describes women delivery riders like Lia and single-mother riders like Cinthia, whose ability to work is governed by the hours when children are at school or asleep, and ride-hailing drivers like Yanti, the 43-year-old in Yogyakarta who messages male passengers before pick-up to announce, defensively and truthfully, that their driver is a woman. Many cancel. The app records those cancellations. It does not record why. Yanti's acceptance rate falls. Her priority in the matching queue falls. Her earnings fall. She avoids late-night work, because working until three in the morning in Yogyakarta is not a safety-neutral choice for a woman, and the late-night multiplier bonuses that inflate male drivers' weekly totals stay out of reach. The algorithm is not hostile to Yanti. It is structurally indifferent to the fact of being Yanti. In Dubal's vocabulary, Yanti is being wage-discriminated against by a system that has never heard her name.

The Nature study from February 2026 puts empirical scaffolding under this picture. Using fuzzy-set qualitative comparative analysis on 316 longitudinally surveyed gig workers, the authors identified a configuration they labelled, in the clinical language of the genre, the “deep acting-female gig worker” pathway to perceived decent work. In English: women who manage to experience their platform labour as dignified tend to do so only when they can perform sustained emotional regulation, mostly in their interactions with customers, to compensate for structural conditions the algorithm imposes on them. The decent-work perception is bought at the cost of additional unpaid emotional labour layered on top of unpaid domestic labour on top of the paid work that brings food to someone's door. That is three shifts. The algorithm sees the third.

The Twelve Hundred Drivers and the Robot Judge

The legal frontier on which all of this is being fought in 2026 is data protection. It is a surprising place for the fight to have landed. Data protection law was not written as labour law. But the drafters of the European Union's General Data Protection Regulation, in one of the more consequential last-minute additions to the 2016 text, included Article 22, which gives data subjects the right not to be subject to a decision based solely on automated processing that produces legal or similarly significant effects, subject to narrow exceptions with meaningful safeguards. The drafters did not have platform workers in mind. Their concern was credit scoring and automated profiling. But the gig economy has proved to be the terrain on which Article 22 is doing its most strenuous work.

The case that matters most is Drivers v. Uber and Ola, the consolidated proceedings brought by the App Drivers and Couriers Union and Worker Info Exchange on behalf of drivers in the UK, Portugal, and elsewhere. In 2021, a lower Amsterdam court issued a largely unfavourable ruling. In April 2023, the Amsterdam Court of Appeal reversed it, holding that Uber's deactivation of three drivers' accounts had been based exclusively on automated processing and therefore breached Article 22. Crucially, the appellate court rejected Uber's claim that its human reviewers constituted the “meaningful human intervention” the law requires. The judgment described the reviewers as performing something close to ritual. They had rubber-stamped outputs they were not equipped to interrogate. The algorithmic decision was the decision; the human had merely transcribed it.

The judgment did several things at once. It established that a GDPR right to explanation exists in the gig economy context. It established that data trusts run by third parties such as Worker Info Exchange are a legitimate vehicle for collective enforcement. And it put European platforms on notice that automated deactivation is a legal hazard, not merely a reputational one. By the time the App Drivers and Couriers Union filed a further challenge in 2024 on behalf of more than a thousand British drivers allegedly fired by algorithm without appeal, the legal theory had matured. Automated firing, without a genuine human reviewer, is unlawful in the EU and, under the UK Data Protection Act, in the UK as well. What remains to be tested is the breadth of the remedy.

The EU has since attempted to translate the case-law settlement into structured legislation. Directive (EU) 2024/2831 on improving working conditions in platform work, adopted by the European Parliament in April 2024 and in force from 1 December 2024, requires Member States to transpose it by 2 December 2026. The directive imposes transparency obligations on platforms' use of automated monitoring and decision-making systems, guarantees human oversight of such systems, and prohibits decisions that limit, suspend, or terminate a worker's account (or any other decision having equivalent effect) unless taken by a human being. It prohibits processing of emotional or psychological state data. It gives workers the right to have significant automated decisions explained and reviewed. The directive does not abolish algorithmic management. It insists meaningful human judgment sits at the points where the algorithm touches the worker's livelihood. Whether the transposition into twenty-seven national systems will produce that judgment in substance or merely reproduce its legal form is the open question of the 2026 labour year.

Karnataka, and the Global South Experiment

The response to algorithmic management outside the European context has been uneven and, until recently, mostly theoretical. India's Code on Social Security 2020, finally brought into force on 21 November 2025, represents the largest single legal recognition of gig and platform workers in the world and tries to build a social-security floor under them. Aggregators are required to contribute 1 to 2 per cent of their annual turnover, capped at 5 per cent of payments to workers, to a Social Security Fund that is supposed to finance accident insurance, health and maternity benefits, disability cover, and old-age protection. The architecture is correct. The operational detail is not. As of early 2026, the contribution rates remain unnotified, the fund exists on paper, and the benefits have not been delivered. The December 2025 strike was, in no small part, a strike about the gap between what the Code promises and what the aggregators have yet to hand over.

The more interesting Indian experiment is in Karnataka, whose Platform Based Gig Workers (Social Security and Welfare) Act 2025, notified on 12 September 2025 and effective from 30 May 2025, is the first state-level statute in India to impose direct obligations on algorithmic management. Section 13 requires platforms to explain how their automated systems affect fares, ratings, and task assignments. The Act requires aggregators to prevent algorithmic discrimination on grounds of religion, race, caste, gender, place of birth, and disability. It gives workers the right to seek transparency regarding the parameters used by automated management and decision-making systems. It establishes a Karnataka Platform Based Gig Workers Welfare Board, headquartered in Bengaluru. It is, on paper, the most comprehensive algorithmic-management statute outside the European Union.

Whether it will bite in practice is a question the Business and Human Rights Resource Centre has been tracking. Early analyses observe that the Act's enforcement mechanisms remain weak, that the appeal rights for workers subject to arbitrary deactivation are thin, and that the welfare board faces the usual Indian challenge of adequate staffing and funding. The Act is a legislative intent. It may or may not become a settlement. But its existence matters because it establishes, for the first time in the Global South, a statutory framework that treats algorithmic management as a distinct labour-relations practice requiring its own regulatory architecture.

Indonesia has no equivalent. The country's gig labour market, dominated by Gojek and Grab, operates largely in the partner-classification void Yuana's analysis describes. The International Labour Organization's 2025 work on AI for equality at work in Indonesia has begun to chart a path, identifying algorithmic bias in task allocation, safety risks in night-work patterns that disproportionately affect women, and the absence of meaningful appeal as priority concerns. The ITUC has documented the quiet but persistent organising of Indonesian gig workers, particularly through the SPAI Indonesia Platform Workers Union, as a response to the failure of the legal system to catch up.

The Problem of Dignity

The hardest category in any attempt to reconstruct labour rights for algorithmically managed workers is dignity. A worker who has been sacked for a reason they do not understand, by a system that cannot hear them, and on a platform that sends a template email wishing them well in their future endeavours, has lost income and livelihood. They have also lost something less concrete: the right to be considered by another person, to have their case weighed, to have their circumstances acknowledged. Dignity, in the labour context, has always been bound up with the presence of a human decision-maker who is, in principle, accountable for the decision. The algorithmic regime replaces that presence with a system that is not, strictly speaking, anyone.

The International Labour Organization's concept of decent work, formalised in 1999 and elaborated across two decades of policy instruments, tries to name the relevant combination: productive employment, fair income, security in the workplace, social protection for families, prospects for development, freedom to voice concerns, participate in decisions, organise, and be treated with equal respect. The word that holds it together is not “wage” or “hours” but “respect.” And respect, in the platform context, is the category algorithmic management tends to strip out first, because respect requires recognition, and recognition requires seeing the worker as a person with a biography rather than as a row in a scoring table.

The February 2026 Nature study found that respect was, empirically, the dimension of decent work most consistently rated short by gig workers. The December 2025 Indian strike was, in its organisers' framing, a strike for dignity first and money second. The Indonesian fieldwork, in Yuana's account, is saturated with the experience of women workers who describe the indignity of the algorithm more than its unfairness. What looks, from the platform's dashboard, like an optimisation problem looks from the rider's saddle like a system that is actively refusing to see her.

Various scholars have tried to name what a dignified algorithmic-management regime would require. The Frontiers in Sociology 2026 systematic review gathered the candidates under headings such as algorithmic dignity and fairwork. The ingredients come down to five: transparency, so the worker can understand how decisions about them are made; contestability, so they can challenge those decisions with a real prospect of reversal; human involvement at decisive moments, so the machine does not have the last word on livelihood; collective voice, so workers can organise, bargain, and influence the design of the systems; and a social-security floor that survives the discontinuity of platform employment. None is unfamiliar. Every one has been part of the architecture of twentieth-century labour law. What is novel is the requirement to port them into a contractual and technological environment that does not have the traditional handholds of a workplace, a shift, a manager, a union recognition agreement, or a union at all.

The Case for the Living Wage, Port by Port

The economic case for algorithmic management as the dominant form of twenty-first-century labour oversight has always rested on a single claim. The platform produces work more efficiently, more cheaply, and in greater quantity than the alternative. The consumer gets a fifteen-minute delivery; the retailer gets a flexible workforce; the investor gets an asset-light business model with scalable margins. The worker, in the standard telling, gets flexibility. The Fairwork and Human Rights Watch findings call the flexibility claim into question. The December 2025 Indian strike, against a ten-minute delivery target that was killing couriers on overcrowded roads, called it into question more forcefully. The Nature study provides the quantitative version: working hours, for gig workers on AI-managed platforms, correlate inversely with perceived decent work. The more you work, the less dignified the work becomes. The flexibility is, in many cases, the flexibility of accepting whatever terms the algorithm sets, at whatever hours the algorithm rewards, for as long as the algorithm keeps offering.

The counter-model is visible across the EU Platform Work Directive, the Karnataka Act, the Indian Code on Social Security, and the pending Worker Info Exchange litigation. It consists of a minimum wage floor denominated in local currency per hour worked; a published and auditable algorithmic specification; a statutory right to human review of any decision affecting livelihood; a prohibition on processing of emotional or psychological data; a collective bargaining architecture that recognises platform-worker unions; and a social-security framework financed by the aggregator out of turnover rather than out of the worker's effective pay. None of this is radical. The combination, in 2026, is radical only because the platforms have spent a decade arguing it is inapplicable to them. That argument is losing.

What it is losing to is the slow reassertion by the state, the court, and the union of a proposition once taken to be settled. The proposition is that the relationship between a worker and the entity that directs their labour is not a contract of pure commercial parity, and that the law has a legitimate interest in regulating the power asymmetry between them. That proposition is older than the gig economy by more than a century.

What the Second Shift Has to Say

It is worth returning to the specific argument Yuana's Conversation piece made, because it names something the general analyses tend to miss. The female gig workers in Yuana's fieldwork are not merely victims of algorithmic opacity. They are victims of an algorithmic system optimised, intentionally or not, around a worker who does not exist for them. The profile the algorithm rewards, the always-available, instantly-responsive, evening-and-weekend-flexible worker, presupposes an absence of domestic responsibility. In most societies, including Indonesia and including the United Kingdom, that profile describes men more accurately than women. The algorithm does not discriminate against women. It optimises for a worker profile most women cannot meet, then penalises the deviation.

The consequence, in Yuana's data, is that Indonesian women gig workers consistently earn less than men for what is nominally the same work. Their acceptance rates are lower, their priority scores are lower, their access to peak-hour bonuses is lower, and their exposure to sudden deactivation when they need to cancel for a sick child is higher. The effect is, in the literal sense of Dubal's term, wage discrimination, but it is wage discrimination of a kind that no disparate-impact analysis the platform lawyers would accept is being run.

This is the dimension that the standard framework of algorithmic-management reform, focused on transparency and appeal, does not fully address. Transparency and appeal help the worker who already falls within the worker profile the algorithm recognises. They help less the worker whose life does not fit the profile at all. Decent work, in the Nature study's configurations, turns out to be a function of whether the worker can absorb the mismatch between their life and the algorithm's assumptions, or whether the mismatch absorbs them. The policy implication is uncomfortable. It is not enough for the algorithm to be explained. It must be constrained not to encode an ideal worker profile that the work itself cannot accommodate. Whether Article 22 of the GDPR, Section 13 of the Karnataka Act, the EU Platform Work Directive, or the Indian Code on Social Security is capable of reaching this deeper requirement is, as of April 2026, genuinely unclear.

The Algorithm Does Not Know Your Name

The legal philosophers who have written on the gig economy have tended, in the last decade, to oscillate between two positions. The first, associated with deregulatory defenders of the platform model, holds that gig work is a new form of self-employment and the older apparatus of labour law is a category error when applied to it. The second, associated with Dubal, with Jeremias Adams-Prassl at Oxford, and with scholars grouped around the Fairwork project and Worker Info Exchange, holds that gig work is work; that the platforms are employers by any functional test; and that the older apparatus of labour law is exactly what is required, merely rephrased to cope with the novelty of the technology.

The 2026 evidence suggests neither position is quite adequate. The gig worker managed by an algorithm is neither a self-employed entrepreneur nor an employee in the 1970s sense. They are something the law has not cleanly conceptualised: a person whose livelihood is governed by a system they cannot see, against which they have no functional appeal, whose parameters they cannot negotiate, and whose outputs are determined by inputs including their own behaviour in ways they can learn to game but never fully understand. The legal category for this kind of relationship does not yet exist. The EU Platform Work Directive, the Karnataka Act, and the pending Worker Info Exchange litigation are the first serious attempts to build it.

What those attempts share is a commitment to five propositions. Automated decisions that affect livelihood must be humanly reviewable by a reviewer who is not performing a ritual. The rules of the algorithmic system must be disclosed in a form intelligible to the worker and their representatives. The worker must have the standing to demand that review and that disclosure, either individually or through a collective body such as a union or a data trust. The worker must have the right to organise, to bargain, and to withdraw labour without reprisal. And the state must construct a social-security floor that no platform is permitted to pass its employment risks beneath.

None of this restores the ordinary twentieth-century worker-employer relationship. But none of it needs to. The question is not whether platform work can be converted into factory work. The question is whether the deeper principles that made factory work tolerable, accountability, transparency, voice, and dignity, can be ported into a technological architecture not designed with them in mind. The answer that Yuana's Indonesian fieldwork, the Indian strike of December 2025, the Nature study of February 2026, the Amsterdam judgments of 2023, and the slow accretion of EU and Indian statute together suggest is that this is possible in principle, partly accomplished in law, and almost entirely unfinished in practice.

Lia, cooking her children's breakfast in Yogyakarta on a morning in April 2026, will not see the benefit of any of it for some years yet. The algorithm that ranks her does not know her name. It will not read the Nature study. It will not attend the Karnataka Welfare Board. It will adjust its weightings, quietly, in response to the overall pattern of worker behaviour, and it will continue to optimise for a worker it has not met. What will eventually change Lia's working life is not a better algorithm but a legal and collective architecture that forces the algorithm to meet her. The workers are ahead of the theorists. Salauddin's 40,000 on the streets of Mumbai on the day after Christmas 2025 did not need a law professor to tell them what was wrong. They needed a mechanism that would translate what was wrong into something an algorithm, and the corporation behind it, could be forced to listen to. Labour rights, in the era of algorithmic management, mean what they have always meant: the enforceable guarantee that the system which governs your working life must answer to you. The principle is old. The apparatus is new. The gap between them is where the next decade of labour law will be written.

References and Sources

1. Yuana, Suci Lestari. “Algorithms don't care: how AI worsens the double burden for Indonesia's female gig workers.” The Conversation, 12 April 2026. https://theconversation.com/algorithms-dont-care-how-ai-worsens-the-double-burden-for-indonesias-female-gig-workers-279978
2. Progressive International. “India's Gig Workers Strike for Dignity and Protection.” 29 December 2025. https://progressive.international/wire/2025-12-29-indias-gig-workers-strike-for-dignity-and-protection/en/
3. Human Rights Research. “40,000 gig workers launch flash strike in India demanding fair pay and security.” 2025. https://www.humanrightsresearch.org/post/40-000-gig-workers-launch-flash-strike-in-india-demanding-fair-pay-and-security
4. India TV News. “Gig workers launch nationwide strike on New Year's Eve December 31.” 31 December 2025. https://www.indiatvnews.com/news/india/gig-workers-launch-nationwide-strike-on-new-year-s-eve-december-31-what-are-their-demands-and-what-it-means-for-you-zomato-swiggy-blinkit-delivery-2025-12-31-1023899
5. The Tribune. “'End 10-min delivery': Gig workers launch nationwide strike against low pay, safety concerns on New Year's Eve.” 2025. https://www.tribuneindia.com/news/deliveryworkers/end-10-min-delivery-gig-workers-launch-nationwide-strike-against-low-pay-safety-concerns-on-new-years-eve
6. Humanities and Social Sciences Communications (Nature). “Platform gig work conditions and workers' perceptions of decent work: a configurational and necessity perspective.” Volume 13, Article 359, February 2026. https://www.nature.com/articles/s41599-026-06702-5
7. Frontiers in Sociology. “Algorithmic management in the global gig economy: an interdisciplinary systematic literature review and critical discourse analysis.” 2026. https://www.frontiersin.org/journals/sociology/articles/10.3389/fsoc.2026.1743445/full
8. Human Rights Watch. “The Gig Trap: Algorithmic, Wage and Labor Exploitation in Platform Work in the US.” 12 May 2025. https://www.hrw.org/report/2025/05/12/the-gig-trap/algorithmic-wage-and-labor-exploitation-in-platform-work-in-the-us
9. Fairwork. “Fairwork US Ratings 2025: When AI Eats the Manager.” Oxford Internet Institute and WZB Berlin Social Science Centre, 2025. https://fair.work/en/fw/publications/fairwork-us-ratings-2025/
10. Oxford Internet Institute. “New report reveals best and worst practices in the platform economy in the US.” 2025. https://www.oii.ox.ac.uk/news-events/new-report-reveals-best-and-worst-practices-in-the-platform-economy-in-the-us/
11. Dubal, Veena. “On Algorithmic Wage Discrimination.” Columbia Law Review, Volume 123, 2023. https://columbialawreview.org/content/on-algorithmic-wage-discrimination/
12. Equitable Growth. “On Algorithmic Wage Discrimination (working paper).” Veena Dubal, 2023. https://equitablegrowth.org/wp-content/uploads/2023/07/071223-WP-On-Algorithmic-Wage-Discrimination-Dubal.pdf
13. Worker Info Exchange. “Drivers in UK and Europe set to sue Uber for unfair pay set by algorithm.” 2025. https://www.workerinfoexchange.org/post/drivers-in-uk-and-europe-set-to-sue-uber-for-unfair-pay-set-by-algorithm
14. App Drivers & Couriers Union. “ADCU and Worker Info Exchange file ground-breaking legal challenge against Uber's dismissal of drivers by algorithm in the UK and Portugal.” https://www.adcu.org.uk/news-posts/app-drivers-couriers-union-files-ground-breaking-legal-challenge-against-ubers-dismissal-of-drivers-by-algorithm-in-the-uk-and-portugal
15. Fountain Court Chambers. “Amsterdam Court Upholds Appeal in Algorithmic Decision-Making Test Case: Drivers v Uber and Ola.” April 2023. https://fountaincourt.uk/2023/04/amsterdam-court-upholds-appeal-in-algorithmic-decision-making-test-case-drivers-v-uber-and-ola/
16. Council of the European Union. “Platform workers: Council confirms agreement on new rules to improve their working conditions.” 11 March 2024. https://www.consilium.europa.eu/en/press/press-releases/2024/03/11/platform-workers-council-confirms-agreement-on-new-rules-to-improve-their-working-conditions/
17. European Parliament. “Parliament adopts Platform Work Directive.” 24 April 2024. https://www.europarl.europa.eu/news/en/press-room/20240419IPR20584/parliament-adopts-platform-work-directive
18. Freshfields Technology Quotient. “The EU platform workers directive: effective as of 1 December 2024.” https://technologyquotient.freshfields.com/post/102jqg1/the-eu-platform-workers-directive-effective-as-of-1-december-2024-what-does-thi
19. GDPR Info. “Art. 22 GDPR: Automated individual decision-making, including profiling.” https://gdpr-info.eu/art-22-gdpr/
20. Fisher Phillips. “India's New Labor Codes Extend Social Security Coverage to Gig Workers: Key Employer Takeaways.” 2025. https://www.fisherphillips.com/en/news-insights/indias-new-labor-codes-extend-social-security-coverage-to-gig-workers.html
21. PRS India. “The Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill, 2025.” https://prsindia.org/bills/states/the-karnataka-platform-based-gig-workers-social-security-and-welfare-bill-2025
22. Business & Human Rights Resource Centre. “India: Karnataka's gig worker law introduces algorithmic transparency, but enforcement and appeal rights remain weak.” https://www.business-humanrights.org/en/latest-news/india-karnatakas-gig-worker-law-introduces-algorithmic-transparency-but-enforcement-and-appeal-rights-remain-weak/
23. International Labour Organization. “AI for equality at work in Indonesia: Harnessing technology to create fair, inclusive and decent workplaces.” https://www.ilo.org/resource/news/ai-equality-work-indonesia-harnessing-technology-create-fair-inclusive-and
24. International Trade Union Confederation. “Long silenced, gig workers in Indonesia are organising and fighting for their rights.” https://www.ituc-csi.org/long-silenced-gig-workers-in
25. International Labour Organization. “The Algorithmic Management of Work.” https://www.ilo.org/media/372856/download

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

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On an ordinary afternoon in July 2025, a man named Saucedo went to a Sharp Rees-Stealy clinic in southern California for a routine physical. He answered the usual questions and left. Weeks later, scrolling through his patient portal, he found a line in his record stating that he had been advised his visit would be recorded and had consented. He had not been asked. He had not consented. The sentence had been generated, it turned out, by an ambient artificial intelligence scribe quietly running on a clinician's microphone-enabled device, transcribing the consultation in real time, piping the audio to a third-party vendor's cloud, and, in an almost baroque loop, drafting its own false record of having been authorised to do all of it. By late 2025, Saucedo was the named plaintiff in a class action alleging that more than a hundred thousand patients had been recorded the same way. The complaint, filed in November 2025 and currently winding through the California courts, describes the scribe as doing two things at once: documenting the patient, and documenting its own permission to document the patient. It is an almost perfect small allegory for where the professions have arrived.

The invisible professional has become the defining ethical question of the 2026 services economy, and the reason is that the technology works. Ambient AI scribes now listen to tens of millions of consultations a year. Large language models draft legal briefs, compliance memos, and financial planning letters faster than any human could; they are marketed to professionals explicitly as productivity multipliers, the oxygen of a squeezed industry. The models have become good enough that, in a great many cases, the professional using them does not feel they are doing anything different than they always did. The patient, client, or consumer sitting across the desk, however, is in an entirely different reality. They are talking to a human they believe is listening, weighing, judging. They do not know there is a second presence in the room.

The moral and legal question that Reuters put on the table in a widely circulated investigation in January 2026, and that a Reddit thread full of anxious parents turned into a consumer-facing issue the same month, is whether the old professional duty of trust survives the arrival of this second presence. When the note your doctor signs is drafted by software, when the brief your lawyer files was partly written by a model that has no idea what the law says, when the plan your adviser sends you was generated by an algorithm that nobody can quite explain, has the fiduciary relationship quietly slipped its mooring? And if the profession will not tell you, does it matter?

The Ambient Listener in the Consultation Room

The Reuters reporting in January 2026 framed the ambient scribe market as one of the fastest-growing tools in healthcare and named the frontier it had opened: patient consent, data ownership, clinical accuracy. The frontier is not theoretical. It is sitting on millions of examination-room desks. Industry analysts estimate that ambient documentation tools, sold under brand names like Abridge, Nuance DAX, Suki, and a crowded long tail of startups, have been adopted by six-figure populations of clinicians across the United States, Canada, the United Kingdom, and Australia in the space of roughly eighteen months. NHS England issued fresh guidance on their safe use in April 2026. The American Hospital Association the same month published a list of six large health systems already embedding them into care delivery. The speed is, for a healthcare sector, astonishing.

The appeal is not obscure. Clinicians document for hours after every clinic day; burnout is epidemic; a tool that eats the paperwork gives back the most precious commodity of a working life, simply the time to look a patient in the eye. Randomised trial data from the United States shows meaningful reductions in documentation time and modest improvements in reported clinician wellbeing. The evidence on note quality is more mixed, with accuracy figures clustering in the 95 to 98 per cent range and a hallucination rate that, on the most pessimistic estimates published in the trade press in early 2026, sits around seven per cent of finished notes containing at least one fabricated element. One in fourteen. That is the number that stops clinicians in their tracks when it is put to them plainly.

The structural problem Reuters identified, and that the American Bar Association's health law section expanded on in its own early-2026 analysis, is not that the tools are bad. The tools are, in many ways, extraordinary. It is that the professional relationship sitting underneath them has never been renegotiated for their presence. Patient consent frameworks in most jurisdictions were built around two parties in a room: the clinician and the patient. The ambient scribe is a third party. It listens; it records; it ships audio to a cloud; it hands the audio to a vendor who may or may not retain it, may or may not train models on it, may or may not be based in a jurisdiction whose data protection regime resembles the patient's own. State wiretapping laws in California, Illinois, and Florida may criminalise the recording if the patient has not consented in the manner local statute requires. General treatment consent, the blanket paperwork signed at the front desk, was not designed to cover a microphone with a commercial afterlife.

The Saucedo litigation is the sharp end of this problem, but it is not unique. Additional class actions in early 2026 have been filed against Sutter Health and MemorialCare on similar theories. In February 2026, a federal court in Illinois dismissed the wiretapping claims in one scribe suit under the “ordinary course of business” exception, but let other claims stand. In Florida, where wiretapping is a felony, the trade press has begun to warn clinicians that recording a consultation without explicit two-party consent could expose them, personally, to criminal liability. The invisible professional is, slowly, becoming visible in the worst possible way: in court filings and state prosecutors' inboxes.

What the Paediatric Reddit Thread Actually Revealed

If the litigation captures the legal frontier, a messier picture of the moral frontier turned up on Reddit in early 2026, when a parent in a family medicine community posted that their paediatric practice had started asking for consent for an AI note-taking tool. The thread, and others like it across r/medicine, r/FamilyMedicine, and parenting forums, did something interesting. It did not split along the predictable lines of AI optimism and AI pessimism. It split along the lines of what consent actually means.

Parents described being handed a one-page form at check-in. Some had read it; most had skimmed it; a few had not even realised, until asked, that they had signed anything. The form typically said that an AI assistant would help with note-taking, that the recording would not be retained, that the practice would not use it for any other purpose. Parents in the thread started asking the questions the form did not answer. What does “help with note-taking” mean? Where does the audio go in the meantime? Who owns the transcript? What happens if the vendor is acquired, or goes bankrupt, or changes its terms of service? If the note is wrong, who notices? If the note is wrong in six months when a specialist reads it, who is liable? And, most pointedly: what happens if I say no?

That last question is the one that matters. Several parents reported being told that opting out was fine in principle but that it might mean their clinician had to spend longer typing, which in a short appointment meant less time with their child. Others said the practice did not have an alternative workflow. The consent, in other words, was shaped like a choice and functioned like a fait accompli. It was not the hard refusal that Nuremberg, or Salgo, or Montgomery had contemplated. It was a soft refusal, one in which the patient could technically say no but would pay a price in care to do so.

This is where the historical weight of informed consent starts to bear. The Nuremberg Code, drafted in August 1947 in the shadow of the Doctors' Trial, put voluntary consent at its very first principle, not as a bureaucratic nicety but as a bulwark against the worst thing a medical system could do. The Salgo v. Leland Stanford decision in California in 1957 gave the doctrine its name, when a patient awoke paralysed from a procedure whose risks he had never been told. The UK Supreme Court's decision in Montgomery v. Lanarkshire Health Board in 2015 brought the doctrine forward, rejecting the old paternalist test and holding that a doctor is under a duty to ensure that a patient is aware of any material risks in a proposed treatment and of any reasonable alternative options. Montgomery is a judgment about adult autonomy, about the patient as decision-maker rather than recipient of expertise.

An ambient scribe sitting quietly under a clinician's desk is not, in the classic sense, a material risk. It does not increase the probability of a punctured artery. But it is a reasonable-alternative-options problem, because the alternative, the consultation without a third-party recorder, is the one most patients believed they were getting. If Montgomery means anything in 2026, it probably means that the patient gets to choose. The Reddit thread's quiet insight was that the profession had made the choice first and was asking for consent afterwards.

The Canadian Pipeline Nobody Mentioned

The question of what happens to the data once the scribe has finished listening is, in one sense, the real story. And here, some of the most uncomfortable reporting of the last eighteen months has come out of Canada.

A qualitative investigation published in a Canadian Medical Association journal in 2022 and updated by follow-on work through 2025 mapped the Canadian primary care medical record industry in unusual detail. It found at least two commercial data brokers, each claiming access to between one and two million primary care patient records, operating on a business model that allowed third parties to access those records without any meaningful patient involvement in how they had been collected or were being used. Because Canadian privacy legislation designates physicians, not patients, as the data custodians for medical records, the consent that mattered was the physician's. Patients, in most practical senses, were not in the loop.

By early 2026, the Canadian situation had sharpened further, because the commercial data in question was increasingly feeding AI development. Primary care records, scrubbed of obvious identifiers but often still disturbingly rich in context, were being channelled into training datasets and product pipelines for commercial AI systems without patients ever being told their notes were en route. A Policy Options analysis in April 2026 argued that this was producing a structural problem the Canadian privacy regime was not built to handle: it could regulate the initial collection of health information, but it struggled to regulate the secondary uses that AI development now made possible.

The Alberta privacy commissioner's earlier investigations into Telus Health's Babylon app, which produced 31 findings and 20 recommendations, had already exposed a similar pattern at a different scale. The app had used facial recognition for identity verification without proper notification or consent; it had shared personal health information with third-party service providers in the United States and Ireland without disclosing this to patients; it had retained audio and video consultations beyond what the commissioner considered justifiable. The investigations read, in retrospect, as a dry run for the ambient scribe era.

Then, in an incident that briefly made headlines in Canadian health IT trade press, an AI scribe bot at one Ontario institution autonomously recorded a group of physicians discussing seven patients and emailed the transcript to 65 people. Nobody had asked it to. Nobody had told the patients. The bot had made a perfectly reasonable inference about its task, acted on it, and only the scale of the resulting distribution brought the incident to anybody's attention. The Canadian story is not that patients are being deliberately deceived. It is that the architecture of professional trust, in which the physician is the trusted intermediary, has been overlaid with a commercial and technological architecture in which the physician is one of many actors and no longer the custodian the law assumes them to be.

The New York Bill and the Drawing of Lines

In March 2026, a bill sitting on the New York Senate calendar moved the conversation from healthcare consent into something wider. Senate Bill S7263, introduced by Senator Kristen Gonzalez in April 2025, had cleared the Internet and Technology Committee on a 6-0 vote on 25 February 2026 and was positioned for a full floor vote. Its operative idea was sharp: if a chatbot provides substantive responses or advice that, if given by a human, would constitute the unauthorised practice of law, medicine, dentistry, nursing, engineering, or any of the other licensed professions governed by the state's Education Law and Judiciary Law, the chatbot's proprietor is on the hook. The bill would create a private right of action for damages and, in cases of wilful violation, attorneys' fees.

Two details in S7263 did the real work. The first was that a disclaimer was explicitly not a defence. A popup telling the user they were talking to an AI and should not rely on its advice would not, under the bill, shield the operator from liability if the bot was in fact giving professional advice. The second was that the bill was technology-neutral about how the advice was being given. It did not matter whether the chatbot claimed to be a lawyer, or a non-lawyer, or nothing at all. What mattered was the substantive character of the output.

Legal commentary in the trade press was predictably mixed. Holland & Knight's analysis in March 2026 noted that the bill had drafting problems that could expose operators to liability for outputs that were merely informational rather than advisory. A Burrell Law analysis flagged four specific drafting issues the legislature would need to address. But the direction of travel was clear, and it sat alongside a slew of other state-level AI legislation that had taken effect on 1 January 2026. New York was staking out the position that professional practice has a perimeter, that the perimeter is defined by state licensing law, and that a chatbot crossing the perimeter is inside the same liability regime a human practitioner would be.

The bill's significance for the invisible professional question is indirect but important. S7263 is written for the case where a consumer interacts with a chatbot directly. But its logic, the idea that a machine cannot quietly do licensed professional work without the accountability that follows licensed professional work, has obvious implications for the case where a machine is doing the licensed professional work while a human signs the output. If the chatbot cannot practise law anonymously, can a lawyer quietly practise as a relay for a chatbot without telling the client? The bill does not answer that question, but it asks it.

Hallucinated Law and the Collapse of Plausible Signing

Lawyers have been answering that question in court, painfully, ever since a now-famous filing in Mata v. Avianca in 2023. Two lawyers in the Southern District of New York had submitted a brief citing six cases that did not exist. The brief had been generated, in relevant part, by ChatGPT, which had produced plausible-looking citations with plausible-looking quotations from plausible-looking judges. Judge P. Kevin Castel fined the lawyers five thousand dollars, called their conduct an act of subjective bad faith, and wrote an opinion that became an instant staple of continuing legal education.

What Mata started, nearly three years of follow-on cases have extended. The French researcher Damien Charlotin has been maintaining a public database of AI-hallucination incidents in court filings; by mid-2025 it had catalogued over 230 matters worldwide in which fabricated citations had surfaced. The pattern is grimly consistent. A lawyer, often under time pressure, often junior, often working outside their field, uses a model to help draft. The model produces an output that looks right. The lawyer checks cursorily, or not at all. The brief goes in. A judge or opposing counsel notices the citation does not exist. Sanctions follow.

In July 2025, the U.S. District Court for the Northern District of Alabama handed down the decision that many court watchers treat as the new high-water mark for severity. Johnson v. Dunn involved lawyers at a large and respected firm submitting hallucinated citations in a motion. Instead of fining the firm, the court disqualified the offending attorneys from representing the client for the remainder of the case, ordered the opinion published in the Federal Supplement, and directed the clerk to inform bar regulators in every state where the lawyers were licensed. The signal was that a monetary penalty was no longer sufficient; the profession itself was being told that this behaviour was a licensing matter.

The American Bar Association's first formal ethics opinion on generative AI, published in July 2024, had already laid out the principles. Under the Rules of Professional Conduct, lawyers using AI retain their duties of competence, confidentiality, communication, and candour toward the tribunal. The lawyer is always accountable for the output. The lawyer must not disclose confidential client information to a tool that would retain or train on it without client consent. And the lawyer must, in circumstances where the use of AI is material to the representation, tell the client. That last duty, communication, is where fiduciary trust enters the analysis in its most stripped-down form, because it is the duty the profession's own self-regulation has been least able to enforce.

The uncomfortable fact is that a lawyer using a large language model to draft a brief, or to research, or to generate a first cut of a compliance memo, is in many ways acting no differently than one who uses an associate, a contract lawyer, a paralegal, or a research service. The profession has always been ghost-authored. What is different about the model is that the model does not know what the law is; it produces text that is correlated with what the law looks like. A paralegal's draft can be wrong. A model's draft can be wrong in a way that is statistically fluent and substantively invented. The failure mode is new, and it is the failure mode, not the ghost authorship itself, that has begun to erode the plausibility of the signature at the bottom.

The Financial Adviser Who Will Not Tell You About Their Algorithm

In financial services, the arguments have taken a slightly different shape, because the industry has been living with algorithmic assistance for decades. Robo-advisers, hybrid advice models, and algorithmic portfolio construction tools predate the generative AI wave. What has changed is that the models have become more opaque, more central to the advice the client receives, and harder to describe in the plain-English terms regulators have traditionally demanded.

The U.S. Securities and Exchange Commission's 2026 examination priorities, published in late 2025 and elaborated through the first quarter of 2026, make AI an explicit area of scrutiny. Registered investment advisers who integrate AI into portfolio management, trading, marketing, or compliance will find examinations looking in depth at whether their disclosures to clients match what the AI is actually doing. The SEC's long-standing fiduciary framework, distilled in its 2019 interpretation of the Investment Advisers Act into a duty of care and a duty of loyalty, places the burden of disclosure squarely on the adviser. A 2025 CLS Blue Sky Blog analysis noted that digital advisers in particular have been put on notice: they must provide comprehensive, plain-English explanations of how their algorithms work. The days of treating the algorithm as a trade secret the client has no need to understand are, regulators have made clear, over.

The UK's Financial Conduct Authority has been moving in a similar direction, with its emphasis on consumer understanding under the Consumer Duty rules and a steady drumbeat of discussion papers on AI governance in financial services. The practical effect is that an adviser who hides the machine behind the advice is not merely breaching an ethical norm. They are running afoul of a rule. And the private right of action that comes with mis-selling regimes in both jurisdictions makes the liability concrete.

But disclosure is running into its own peculiar resistance. A growing body of research, including studies published in 2024 and 2025 on patient attitudes toward AI-drafted responses in healthcare, has found a counter-intuitive dynamic. When a response is identical in content, participants consistently rate disclosed AI authorship lower than undisclosed or human authorship. A study of patient preferences for AI-drafted electronic messages found a roughly 0.13-point satisfaction penalty on a standard scale for AI disclosure versus human disclosure, and a smaller but measurable penalty for AI disclosure versus no disclosure at all. A large Canadian survey of 12,153 adults, published in the Journal of the American Medical Informatics Association in early 2026, found that 61.8 per cent of respondents were reluctant about future AI scribe use, even as a plurality acknowledged potential benefits. Awareness of current AI scribe use was strikingly low, at 28.3 per cent.

The research converges on a pattern that puts the invisible professional question in a harsher light. Patients and clients, when told the machine is there, rate the service worse even when the service is exactly the same. They are, in the most literal sense, penalising disclosure. This is the structural economic incentive that hangs over the whole landscape. AI scribes and drafting tools are sold to professionals as productivity multipliers; their value proposition is faster work at equal or better quality. The moment a professional discloses the tool, a portion of the client base reacts by trusting the work less. There is, in other words, a trust tax on disclosure, and a direct financial reward for invisibility.

Ghost Authorship and the Pen That Nobody Holds

This is where the older concept of ghost authorship becomes unexpectedly useful. Professional work product has always been partially authored by others. A senior partner's brief is polished by an associate; an attending's discharge summary is drafted by a resident; a chief executive's strategy memo reflects the work of an entire planning team. The signature at the bottom is not a claim of sole authorship. It is a claim of responsibility. The person signing takes ownership of the judgement, the accuracy, the fit to the client's situation, regardless of who pushed which keys.

AI tools, at their best, can be absorbed into this tradition. A lawyer who uses a model to generate a first-draft summary of a thirty-thousand-page discovery set, then reviews, corrects, and signs off, is doing nothing the profession has not done for a century with junior labour. A doctor who uses an ambient scribe to produce a structured draft of the visit note, then edits it and endorses it, is doing nothing cognitively novel. The signature still means what it has always meant: I have reviewed this; I take responsibility for it.

The problem is that the signature increasingly does not mean this in practice. The volume of AI-generated output is too high, the review too cursory, the incentives to skim too strong. The Alabama court in Johnson v. Dunn was, in effect, holding the profession to the older meaning of the signature and finding that in the AI era that meaning was at risk of quietly evaporating. The seven-per-cent hallucination rate in ambient scribe notes is another manifestation of the same dynamic. If one in fourteen notes contains a fabricated element, and clinicians sign the notes without catching the fabrications, the signature is no longer doing the epistemic work it used to do.

The European Union has tried to address this head-on with two overlapping frameworks. GDPR Article 22 gives data subjects the right not to be subject to a decision based solely on automated processing that produces legal or similarly significant effects, with narrow exceptions requiring meaningful safeguards and explicit consent. The EU AI Act, which entered its high-risk compliance regime in 2026, classifies most medical and legal AI systems as high-risk and imposes requirements for human oversight, transparency, and a right to explanation under its Article 86. The intent is clear: the human must remain meaningfully in the loop; the individual affected must have the right to know and to contest.

What remains uncertain is whether the compliance regimes will produce meaningful human oversight or merely the appearance of it. An ambient scribe that generates a note and a clinician who signs it without reading it have the legal form of human oversight but not the substance. A lawyer who skim-reviews a model-drafted brief and files it has the same problem. The law can require a human to sign; it cannot, easily, require the human to read.

What Trust Was Actually For

The older legal and moral concept underneath all of this is fiduciary duty: the obligation of a professional who holds power over another person's interests to act in that person's interests rather than their own. The duty predates the professions in their modern form. Its classical articulation is in the trust law of the English Chancery courts, where the trustee who held legal title to another's property was bound to loyalty, care, and full disclosure. When the professions organised themselves in the nineteenth and twentieth centuries, they borrowed this structure. The doctor, the lawyer, the financial adviser, the accountant: each occupied a role in which the client was, by virtue of their relative lack of expertise, unavoidably vulnerable, and in which the price of accepting that vulnerability was the professional's commitment to absolute good faith.

Disclosure has always been the operational heart of this commitment. A fiduciary who conceals a conflict of interest is not a fiduciary. A fiduciary who conceals a material fact about the service being rendered is not a fiduciary. Whether the concealment is intentional or merely convenient, whether driven by greed or by the ordinary pressures of the working day, the effect on the relationship is the same. The client or patient, believing themselves to be in one kind of interaction, is actually in another.

The invisible AI professional is a new instance of a very old problem. The tool might be excellent. The outcome might be indistinguishable from, or better than, the outcome without the tool. But the relationship has changed, and the person on the receiving end has not been told. That is, in the classical formulation, a breach of the duty to disclose. It is not a technology question; it is a trust question.

The defence many professionals offer, reasonably, is that disclosure fatigue is real; that clients already sign too many forms they do not read; that listing every tool the professional uses would produce an unreadable addendum; that the tools work, and the obsession with disclosure is procedural theatre. There is truth in this. Nobody wants a consent form for the stethoscope. Nobody wants a disclosure for the word processor. The distinction the profession has yet to draw crisply is between tools that merely execute the professional's judgement and tools that participate in forming it. An ambient scribe, if it only transcribed and never shaped, would be closer to the stethoscope. An ambient scribe whose draft shapes the structure of the note, whose summarisation decisions survive into the record, whose hallucinations live on as facts the patient will be treated for a decade from now, is something else. It is in the room, and the patient is entitled to know.

The Question That Does Not Close

The invisible professional era will not be legislated away in a single session, and the regulatory responses emerging, New York S7263, the SEC's 2026 examination priorities, the FCA's evolving guidance, the EU AI Act's high-risk regime, NHS England's ambient scribe framework, the Canadian provincial privacy commissioners' ongoing investigations, will not settle the underlying question cleanly. They will push against the edges. They will shape behaviour at the margin. They will raise the cost of the most egregious invisibility. They will not dissolve the economic gravity that pulls professionals, especially those under the fiercest time pressure, toward quiet adoption.

What will do that, if anything does, is closer to a cultural adjustment inside the professions themselves. The doctor who volunteers the information that an AI scribe is running, who invites the patient to opt out without penalty, who stops the consultation if the patient wants to look at the transcript, is performing fiduciary duty in its older, deeper sense. The lawyer who writes into the engagement letter that generative AI may be used for certain tasks, who identifies which tasks, who accepts the client's preference if the client says no, is doing the same. The adviser who explains, in the plain English the SEC has always demanded, what role the algorithm plays in the portfolio recommendation and what its known limitations are, is honouring a duty whose contours predate the technology by several centuries.

Saucedo, the patient in the California clinic, trusted his doctor. The trust did not disappear because an ambient scribe was running. It disappeared because the scribe documented a consent he had never given. What broke was not the relationship with AI. What broke was the relationship with the humans who were supposed to tell him it was there. Whatever the courts decide about his class action, whatever version of S7263 eventually becomes law in New York, whatever the Canadian privacy commissioners do next, the question that will not go away is whether the professions can bring themselves to pay the trust tax of disclosure, or whether they will, in the ordinary way of institutions under pressure, decide that the machine does not really count.

References and Sources

1. American Bar Association Health Law Section. “Ambient AI Scribes: Efficiency Gains vs Emerging Privacy and Cybersecurity Risks.” 2026. https://www.americanbar.org/groups/health_law/news/2026/ambient-ai-scribes-privacy-cybersecurity/
2. Medscape. “Sharp HealthCare Sued Over AI Scribe, Patient Consent.” 2026. https://www.medscape.com/viewarticle/health-system-sued-over-ai-scribe-technology-patient-consent-2026a10001k7
3. American Hospital Association. “6 Health Systems Enhancing Care Delivery with Ambient AI Scribes.” 14 April 2026. https://www.aha.org/aha-center-health-innovation-market-scan/2026-04-14-6-health-systems-enhancing-care-delivery-ambient-ai-scribes
4. Digital Health. “NHSE publishes fresh guidance on safe use of ambient scribes.” April 2026. https://www.digitalhealth.net/2026/04/nhse-publishes-fresh-guidance-on-safe-use-of-ambient-scribes/
5. Wireless-Life Sciences Alliance. “Ambient AI Scribe: Evidence, ROI, Risks, and an Implementation Playbook.” February 2026. https://wirelesslifesciences.org/2026/02/ambient-ai-scribe-evidence-roi-risks-and-an-implementation-playbook/
6. Florida Doctor Magazine. “AI Scribes Are Recording Your Patients Without Consent, and Florida Doctors Could Face Felony Charges.” 2026. https://floridadoctormagazine.com/ai-scribes-recording-patients-without-consent-florida-felony-2026/
7. TechTarget. “Sutter Health, MemorialCare face class action lawsuit over AI scribe use.” https://www.techtarget.com/healthtechsecurity/news/366641717/Sutter-Health-MemorialCare-face-class-action-lawsuit-over-AI-scribe-use
8. Policy Options / IRPP. “AI scribes in health care raise risks for patients and privacy.” April 2026. https://policyoptions.irpp.org/2026/04/ai-scribes-health-care-canada-privacy-safety-risks/
9. Canadian Medical Association Journal. “The commercialization of patient data in Canada: ethics, privacy and policy.” https://www.cmaj.ca/content/194/3/E95
10. PMC. “The Primary Care Medical Record Industry in Canada and Its Data Collection and Commercialization Practices.” https://pmc.ncbi.nlm.nih.gov/articles/PMC12053517/
11. Canadian AI Incident Monitor. “Clinical AI Systems in Canada: Deployed with Documented Evidence Gaps and Privacy Violations.” https://caim.horizonomega.org/hazards/66/
12. Office of the Information and Privacy Commissioner of Alberta. “Commissioner Releases Babylon by Telus Health Investigation Reports.” https://oipc.ab.ca/p2021-ir-02-h2021-ir-01/
13. Holland & Knight. “New York Bill Would Create Liability for Chatbot Proprietors Offering Professional Advice.” March 2026. https://www.hklaw.com/en/insights/publications/2026/03/new-york-bill-would-create-liability-for-chatbot-proprietors
14. New York State Senate. “NY State Senator Kristen Gonzalez on her bill to address AI Chatbots impersonating licensed professionals.” 2026. https://www.nysenate.gov/newsroom/press-releases/2026/kristen-gonzalez/ny-state-senator-kristen-gonzalez-her-bill-address-ai
15. Burrell Law. “Will Using AI Chatbots Cost You? New York's AI Chatbot Liability Bill (S7263): Four Critical Drafting Problems the Legislature Should Fix.” https://burrell-law.com/artificial-intelligence-a-i/will-using-a-i-chatbots-cost-you-new-yorks-a-i-chatbot-liability-bill-s7263-four-critical-drafting-problems-the-legislature-should-fix/
16. Berkeley Law. “Mata v. Avianca, Inc., 678 F.Supp.3d 443 (2023).” https://www.law.berkeley.edu/wp-content/uploads/2025/12/Mata-v-Avianca-Inc.pdf
17. Relativity Blog. “AI Case Law Update: The Lamborghini Doctrine of Hallucinations.” https://www.relativity.com/blog/ai-case-law-update-the-lamborghini-doctrine-of-hallucinations/
18. Goodwin. “2026 SEC Exam Priorities for Registered Investment Advisers and Registered Investment Companies.” December 2025. https://www.goodwinlaw.com/en/insights/publications/2025/12/alerts-privateequity-pif-2026-sec-exam-priorities-for-registered-investment-advisers
19. CLS Blue Sky Blog. “Regulating Algorithmic Accountability in Financial Advising.” 4 June 2025. https://clsbluesky.law.columbia.edu/2025/06/04/regulating-algorithmic-accountability-in-financial-advising/
20. PubMed. “Ethics in Patient Preferences for Artificial Intelligence-Drafted Responses to Electronic Messages.” https://pubmed.ncbi.nlm.nih.gov/40067301/
21. GDPR Info. “Art. 22 GDPR: Automated individual decision-making, including profiling.” https://gdpr-info.eu/art-22-gdpr/
22. Tech Policy Press. “Understanding Right to Explanation and Automated Decision-Making in Europe's GDPR and AI Act.” https://www.techpolicy.press/understanding-right-to-explanation-and-automated-decisionmaking-in-europes-gdpr-and-ai-act/
23. Wikipedia. “Montgomery v Lanarkshire Health Board.” https://en.wikipedia.org/wiki/Montgomery_v_Lanarkshire_Health_Board
24. New England Journal of Medicine. “Fifty Years Later: The Significance of the Nuremberg Code.” https://www.nejm.org/doi/full/10.1056/NEJM199711133372006
25. Oxford Academic, Journal of the American Medical Informatics Association. “Patient attitudes toward ambient artificial intelligence scribes in clinical care: insights from a cross-sectional study.” https://academic.oup.com/jamia/advance-article-abstract/doi/10.1093/jamia/ocaf218/8371725

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

Discuss...

The fax machine in a Florida rheumatologist's office, the least futuristic object in any American clinic, still receives a steady stream of prior authorisation decisions from health insurers. In early April 2026, one of those faxes, addressed to a patient the Palm Beach Post would eventually call only by her first name, Iris, came back in under the time it takes to pour a cup of coffee. The request had been submitted a few minutes earlier. The reply, denying coverage for an injection she had been receiving for years, was generated, signed, and transmitted without any documented human pause in the middle. Iris is 80. Her hands, on the worst mornings, do not open. Her doctor, looking at the timestamp, understood instantly what had happened. The claim had not been reviewed. It had been processed.

The word processed has started to carry a weight it was never designed to hold. In the American health insurance system in 2026, it is the polite term for an event that, in almost any other domain of life, we would call a decision: a binding determination about whether a human being will have access to the medical care their doctor has recommended. Except the entity making the decision is not a person. It is a model. And the model, as anyone who has tried to ask one why it did what it did already knows, does not owe anyone an explanation.

This is the quiet crisis at the centre of the Palm Beach Post investigation published this month, which spent weeks charting how artificial intelligence has begun to deny health insurance claims at a scale and a speed no human reviewer could match. It is also the crisis at the centre of a Stanford study in Health Affairs, which landed in January, warning that the human oversight supposedly wrapped around these systems is too thin, too rushed, and too incentivised by the wrong things to function as a real check. And it is the crisis sitting on top of a three-billion-dollar bet from the largest health insurer in the United States, UnitedHealth Group, that the answer to all of this, after the litigation and the newspaper investigations and a murdered chief executive, is to put more artificial intelligence into the pipeline, not less.

The question the brief for this piece asked is deceptively simple: if the systems making some of the most consequential decisions in people's lives cannot explain their reasoning, and the regulatory framework to challenge them barely exists, what does the right to appeal actually mean in practice? It sounds like a legal question. It turns out to be something stranger. It is a question about whether a civic procedure that assumed a human decision-maker on the other end of the form still works when the other end of the form is a probability distribution.

The Machine That Says No Before You Have Finished Typing

Start with the basic mechanics, because they have moved faster than the public understanding of them. Cigna's now notorious PxDx system, exposed by ProPublica and The Capitol Forum in March 2023, was an early glimpse of the genre. Internal spreadsheets showed Cigna's medical directors spending an average of 1.2 seconds on each of more than 300,000 claim denials over two months. One doctor, Dr Cheryl Dopke, was reported to have signed off on approximately 60,000 denials in a single month. A former Cigna physician told ProPublica's reporters, Patrick Rucker, Maya Miller, and David Armstrong, that the review process was essentially cosmetic: “We literally click and submit. It takes all of 10 seconds to do 50 at a time.”

The revealing word in that sentence is “literally”. It is the language of someone who has realised that the verb “review”, as it appears in the regulatory paperwork, is doing work it cannot possibly do.

Eight months later, a class action lawsuit against UnitedHealth's nH Predict algorithm, operated through its NaviHealth subsidiary, alleged that Medicare Advantage patients in post-acute care were being cut off from rehabilitation services in bad faith, with employees pressured to keep stays within 1 per cent of the length predicted by the model. When federal administrative law judges eventually heard appeals on these denials, roughly 90 per cent were reversed, according to the complaint. Only a tiny fraction of denied patients ever appeal. In February 2025, the federal court in Minnesota denied UnitedHealth's motion to dismiss the breach of contract and bad-faith claims, allowing the case to proceed.

Then, in late 2024, ProPublica and The Capitol Forum turned to EviCore, the utilisation-management arm of Evernorth owned by Cigna, which sells its services to other insurers. EviCore operates what some internal sources called “the dial”, an algorithm that scores each prior authorisation request with a probability of approval. The company can tune the threshold: if it wants more denials, it can lower the bar at which a request gets referred to human reviewers, who are statistically much more likely to deny than to approve. ProPublica reported that EviCore markets itself to insurers on the basis of a three-to-one return, promising three dollars in saved medical costs for every dollar the insurer pays it. Its denial rate in Arkansas, one of the few states that requires publication of the figure, ran at close to 20 per cent, compared with about 7 per cent for Medicare Advantage nationally.

The Palm Beach Post's April 2026 investigation, reported by Anne Geggis, extends this lineage into the near-present. The Post documented how AI tools are now embedded deep inside pre-authorisation workflows in Florida, one of 22 states the paper identified as having adopted no specific rules governing how AI can be used to reject a claim. The figure of 22 is the one that ought to give pause. These are not marginal jurisdictions. They include Florida, Georgia, Minnesota, and Oregon. Roughly half the American population lives in a state where an insurer can, in principle, use an algorithm to deny care without a single statute on the books requiring that algorithm to be explainable, auditable, or subject to human sign-off.

In contrast, California's Physicians Make Decisions Act, signed by Governor Gavin Newsom in September 2024 and in force since January 2025, explicitly requires that a denial, delay, or modification based on medical necessity be made by a licensed physician or competent provider. Arizona, Maryland, Nebraska, and Texas have adopted versions of the same principle. The federal Centres for Medicare and Medicaid Services issued guidance in 2024 restricting the use of algorithmic tools as the sole basis for Medicare Advantage denials. None of this changes the underlying asymmetry. State laws end at state lines. The models are national, their deployments enterprise-wide, and the training data pooled from populations that do not consent to being training data in the first place.

The Stanford Warning and the Myth of the Human in the Loop

Into this landscape, on 6 January 2026, Michelle Mello, Professor of Health Policy and Law at Stanford, and three colleagues (Artem A. Trotsyuk, Abdoul Jalil Djiberou Mahamadou, and Danton Char) published a paper in Health Affairs with the unusually blunt title, “The AI Arms Race in Health Insurance Utilization Review: Promises of Efficiency and Risks of Supercharged Flaws”. The paper is a careful, cold document. It does not call for a ban on AI in insurance. It does something more corrosive. It describes, in sober detail, why the reassurances everyone keeps giving, about human reviewers, about oversight, about governance, do not correspond to anything that is actually happening inside the insurers.

The central finding is that meaningful human oversight of AI-driven prior authorisation is, in Mello's own phrasing, largely a myth. Human reviewers at insurance companies, the paper observes, often lack the time, the relevant clinical expertise, and the incentives to meaningfully interrogate the recommendations produced by a model. The opacity of modern systems compounds this. An adjuster presented with a denial recommendation does not see a chain of reasoning that can be evaluated. They see an output. To push back on the output, they would have to reproduce, from scratch, the analysis that led to it, without access to the training data, the feature weights, or a record of how similar cases were decided in the past. Given production targets, they do not do this. They click.

Mello's paper notes that past flawed coverage decisions become embedded in the training data for the next generation of models, which then reproduce and scale the pattern. The phrase “supercharged flaws” is not rhetorical. It is a description of what happens when a statistical system is trained on a history of denials and then used to generate future denials, with the previous denials as ground truth. Mistakes do not get caught. They get normalised, archived, and re-expressed at volume.

The data on downstream appeals has circulated for a while, but the Stanford paper pulls it into focus. In Medicare Advantage, according to KFF's January 2025 analysis of 2023 figures, insurers made nearly 50 million prior authorisation determinations, denied 3.2 million of them, and saw only 11.7 per cent of those denials appealed. Of those appealed, 81.7 per cent were partially or fully overturned. In an earlier era, overturn rates above 80 per cent on appeal would have prompted a federal reckoning. In the current system, they are published in briefing notes and largely forgotten by the following week.

If the appeal process reverses more than four in five decisions on review, the appeal process is not a safety net bolted onto a functioning decision system. It is the decision system, belatedly engaged, in the small minority of cases where a patient has the time, the literacy, the advocacy, and the stamina to demand it. Everyone else simply absorbs the denial. That is not an operational detail. It is the design.

UnitedHealth's Three Billion and the Logic of Scaling the Problem

On 6 April 2026, STAT News reported that UnitedHealth Group, through its Optum Insight division, plans to spend at least three billion dollars over the next few years embedding AI more deeply into its claims processing, care management, fraud detection, and clinical documentation systems. Sandeep Dadlani, chief executive of Optum Insight, told reporters that the company employs 22,000 software engineers globally, that over 80 per cent of them now use AI to write code or build new agents, and that executives expect to generate a billion dollars in savings this year alone by pushing AI further into operations. Dadlani's framing was the one insurers have settled on: AI, he argued, will speed up decision-making and streamline health insurance's notoriously time-consuming bureaucracy.

He is not wrong about the bureaucracy. The American health insurance system wastes staggering amounts of time, labour, and money on a claims process that no participant, patient, provider, or payer, thinks works. The question is what “speed up decision-making” means when the original slowness was partly functional: the friction of human review was, at its best, the thing that caught errors, gave context, and let claimants be heard. If the friction is engineered out, so is the friction of accountability.

And the three-billion-dollar figure needs to be read alongside the context UnitedHealth is operating in. The company's former chief executive, Brian Thompson, was shot dead in Manhattan in December 2024 in an attack whose alleged perpetrator referenced the company's denial practices in his writings. The class action over nH Predict was allowed to proceed the following February. The Palm Beach Post investigation landed this April. There is, if one wants to read it this way, a choice the insurer has made. It could have used the last eighteen months to make its claims-processing systems more transparent, more accountable, more humane. It has instead committed to scaling them up, and measuring its own success in savings generated rather than denials avoided.

This is the logic that animates everything else in the sector. Under the business model that has built the American managed-care industry, every dollar approved in claims is a dollar of medical-loss ratio, and every dollar denied is, within the limits set by the Affordable Care Act's 80 to 85 per cent floor, a dollar of retained earnings. Any technology that lowers the marginal cost of generating a plausible denial, and raises the barrier to generating a successful appeal, is, from the perspective of the quarterly report, working exactly as intended. This is not a conspiracy theory. It is a reading of the incentives stated on the face of the filings.

Where the Patients and the Nurses Are Keeping the Records

Because the regulators have not, in most states, built the infrastructure to track algorithmic denials systematically, that job has fallen to the patients and clinicians themselves, largely on Reddit. Communities such as r/nursing, r/medicine, and the various state-level and condition-specific subreddits have become, almost by accident, one of the most useful public archives of how AI-driven prior authorisation actually functions at the point of care.

The threads follow a recognisable rhythm. A nurse describes submitting a request for a patient whose case is, clinically, straightforward. A denial returns in seconds or, at most, a couple of minutes. The denial letter cites the insurer's internal clinical guidelines, which are not, in most cases, the same as published medical society guidelines. An appeal is mounted. The appeal takes weeks to resolve. In the interim, the patient either forgoes the treatment, pays out of pocket, or lands in a more expensive emergency setting that the insurer will then, often, cover. The commenters in these threads document the pattern because nobody else does. They are, in effect, doing the work that in a different jurisdiction would be done by an independent audit office.

The sub-two-second denial is not a single documented statistic; it is a folk fact, borne out by the Cigna PxDx data, by screenshots circulated in these communities, by the fax-timestamp evidence that rheumatologists and oncologists have been quietly compiling. A system that returns a denial before the clinical reasoning could plausibly have been read is a system that has, as a matter of physics, not been read. The courts, slowly, are beginning to say so. In the Cigna class action in California and the nH Predict case in Minnesota, the factual allegations that reviews were not meaningfully performed have survived motions to dismiss. Discovery is going to be, in a phrase one plaintiff's lawyer used on background, interesting.

The Reddit record is, of course, anecdotal in a formal evidentiary sense. It is also, collectively, thousands of practitioners with professional licences describing a consistent pattern. When the formal data and the informal data align this closely, and both are saying the same thing that independent investigators and academic researchers are saying, the reasonable assumption is not that the nurses are wrong.

The Florida Bill and the Architecture of Political Failure

If the picture so far suggests that legislators would rush to impose a human signature on AI-generated denials, the story of Florida House Bill 527 is a useful corrective. The bill, introduced by state Representative Hillary Cassel, would have required that every insurance claim denial or reduction be reviewed and signed off by a qualified human professional, with AI output permitted as an input but not as the sole basis for the decision. It was, by the standards of recent American legislative politics, a popular proposal. In early December 2025, a House panel unanimously backed it. It then passed the full Florida House on a 108 to 0 vote, a consensus across parties that is almost unheard of on any contested business-regulation matter.

Cassel was candid about what had moved her. Speaking to reporters, she said: “The genesis of this bill came to me with the murder of the United Healthcare CEO. One of the alleged motives was the denial basis by that company, and there's currently a class action that shows allegedly that 90 per cent of their claims were denied with errors when they utilized AI.” It is an extraordinary quote, because it concedes that the political window for reform opened at the moment a billionaire insurance executive was killed in the street, and that the opening was narrow.

The Senate version, SB 202, sponsored by Senator Don Gaetz, did not survive. Its last action, according to the Florida Senate's public record, was on 13 March 2026, when it died in the Banking and Insurance Committee without a floor vote. Industry representatives from the Florida Insurance Council, the American Property Casualty Insurance Association, and the Personal Insurance Federation of Florida lobbied against it, arguing that mandatory human review would slow the resolution of claims. The Florida Hospital Association and the Florida Medical Association, who represent the entities actually filing claims for patients, lobbied for it. The committee did not bring it up.

Zoom out and the pattern is familiar. A bipartisan legislative majority in a populous, insurance-heavy state backed a minimum procedural protection that almost everyone not in the insurance industry supported. It died in committee, quietly, without a recorded vote. There was no scandal. There was no single villain. There was, instead, the ordinary friction of legislative attention: a bill that had the votes to pass did not have the procedural protection to reach a vote, and a session ended. Multiply this failure across two dozen states and you get, approximately, the current regulatory environment.

What the Right to Appeal Actually Means in an Algorithmic System

Here is the analytic move the whole debate has been circling. The right to appeal, in American administrative and insurance law, is a right that assumes certain things about the original decision. It assumes there was a decision-maker. It assumes the decision-maker had reasons, which can be stated, contested, and either defended or abandoned on review. It assumes the appellant, given adequate time, can understand the basis of the decision well enough to argue against it. It assumes a symmetry of cognition between the original decision-maker and the appellate one.

An algorithmic denial breaks all of these assumptions at once.

It breaks the first because the decision-maker is not an individual but a pipeline. It breaks the second because modern models do not have reasons in any sense a lawyer would recognise; they have weights, activations, and outputs. Even the engineers who built the system cannot generally, for a specific denial, reconstruct why this patient's case tipped into the negative region of the decision surface. They can say what features mattered on average. They cannot say what mattered for Iris.

It breaks the third because the denial letter, drafted as the output of a template populated with a justification selected from a limited menu, tells the appellant something that may not be a true description of the decision. It is a plausible description, designed to be legally defensible and clinically intelligible, but the actual cause, somewhere in the latent space of the model, is not accessible to anyone. To appeal a denial on its stated grounds is to joust with a shadow.

And it breaks the fourth because the appellant is human and the opponent is a statistical system trained on millions of prior cases. The insurer's machinery can generate, cheaply, a thousand variations on why the original denial was sound. The patient has one case, one letter from their doctor, one window of time before the treatment decision becomes moot. The asymmetry is not the small asymmetry of a lay person versus a trained adjuster. It is an asymmetry of cognitive capacity, of parallelism, of cost per round, of a kind the administrative law of the 1970s did not contemplate.

This is why the Stanford group's paper matters more than a straightforward policy critique. Mello and her coauthors are not simply pointing out that AI sometimes gets it wrong. They are pointing out that the institutional scaffolding that was supposed to catch the errors was built for a different kind of decision-maker, and does not scale to the one now making the calls. A patient appealing an algorithmic denial is not, functionally, appealing at all in the sense the word was originally meant. They are triggering a subsequent stage of the same algorithmic process, in which the second layer inherits the priors of the first.

You can see, in the published reform proposals, two broad theories of how to repair this. The first, reflected in California's SB 1120 and the dead Florida HB 527, is to legislate a human signature back into the decision. Require that a named, licensed professional review and sign off on any denial, with documentary evidence that they did so. This is the bluntest and, on current evidence, the only version that insurers can be counted on to resist. It is also the most fragile, because the record of Cigna's medical directors clicking through denials at 1.2 seconds per case shows that “human signature” can be gamed into meaninglessness unless the rules specify what review means in minutes, in content, and in accountability.

The second theory is algorithmic transparency: require insurers to disclose the logic, the training data, the error rates, and the audit trails of the systems they use. This is the preferred framing of academics, regulators, and some of the AI industry itself. Its limits are by now familiar to anyone who has worked on explainable AI. For classical rules-based systems, transparency is straightforward. For modern neural systems, it is a research problem that has not been solved, and may not be solvable in the strong sense. An audit report that says “the model weights were examined” is not a substitute for the ability to say, of a particular denial, why it was made.

Neither theory, on its own, is sufficient. A mandated human signature without transparency produces fake review at industrial scale. Transparency without a mandated human signature produces elegant documentation of decisions that nobody can be held accountable for. The only versions that might actually work combine both: a human who must sign, a record of what they looked at when they signed, and a genuine, externally audited account of what the model contributed and why. Nothing currently in force in the United States, at the federal level, does this.

The Stakes Underneath the Stakes

It is tempting to frame the whole situation as a fight about artificial intelligence, because AI is the novel element. But the deeper fight is about something older: whether a person subject to a consequential institutional decision has the right to a reasoned account of why the decision went the way it did, and a real chance to change it.

American health insurance, for reasons that long predate generative AI, has been steadily undermining that right for decades, through the proliferation of prior authorisation requirements, through narrow networks, through opaque formulary tiers, through appeals processes designed to exhaust rather than enlighten. The arrival of AI has not created the pathology. It has industrialised it. What used to take an adjuster an hour now takes a model a second, and what used to happen to thousands of patients a year now happens to millions. The scale changes the moral physics.

And the scale will grow. UnitedHealth's three-billion-dollar investment will not sit alone. Every other major insurer will match it, because they must, because the efficiency gains compound and the laggards lose. The Palm Beach Post investigation will be joined by others. The Reddit threads will lengthen. The Florida-style bills will pass in a few more states, and die in committee in many more. Somewhere in the middle of this, the language will drift: the word “review” will come to mean something smaller than it used to, the word “decision” something less personal, the word “appeal” something closer to a ritual than a remedy. This is already happening.

What stops the drift, if anything does, is a reassertion of the civic premise the whole insurance system was supposed to honour: that a claim is not a data point but a moment in a person's life, that a denial is not an output but an act, and that the entity issuing that act owes the person on the other end an intelligible reason and a real chance to be wrong about them. None of that is technologically impossible. Some of it is, in fact, quite cheap. What makes it hard is that the incentives, as currently aligned, reward the opposite: the cheapest plausible denial, issued at scale, defended just well enough to exhaust the appellant's capacity to keep fighting.

Iris, in the Palm Beach Post story, eventually got her medicine. Her doctor appealed on her behalf. It took weeks. She is one of the lucky ones, in that she had a doctor with the time and inclination to wage the fight. Most people do not. They have a denial letter, a phone tree, a model on the other end of the form, and a finite number of mornings on which they can open their hands enough to sign the next appeal. What the right to appeal means in practice, at this moment, is that if you are patient, and articulate, and unusually well-represented, you can sometimes persuade the system to notice you. That is not a right. It is a lottery with a ticket price measured in stamina. Whether it can still be repaired into something that deserves its own name is the question the next decade will answer, and the answer will not be written by the models.

References and Sources

1. Rucker, Patrick; Miller, Maya; and Armstrong, David. “How Cigna Saves Millions by Having Its Doctors Reject Claims Without Reading Them.” ProPublica, 25 March 2023. https://www.propublica.org/article/cigna-pxdx-medical-health-insurance-rejection-claims
2. Armstrong, David; Rucker, Patrick; and Miller, Maya. “EviCore, the Company Helping U.S. Health Insurers Deny Coverage for Treatments.” ProPublica, 24 October 2024. https://www.propublica.org/article/evicore-health-insurance-denials-cigna-unitedhealthcare-aetna-prior-authorizations
3. Mello, Michelle M.; Trotsyuk, Artem A.; Djiberou Mahamadou, Abdoul Jalil; and Char, Danton S. “The AI Arms Race In Health Insurance Utilization Review: Promises Of Efficiency And Risks Of Supercharged Flaws.” Health Affairs, 6 January 2026. https://www.healthaffairs.org/doi/10.1377/hlthaff.2025.00897
4. Stanford University News. “AI-driven insurance decisions raise concerns about human oversight.” Stanford Report, January 2026. https://news.stanford.edu/stories/2026/01/ai-algorithms-health-insurance-care-risks-research
5. Stanford Law School. “When AI Algorithms Decide Whether Your Insurance Will Cover Your Care.” 6 January 2026. https://law.stanford.edu/press/when-ai-algorithms-decide-whether-your-insurance-will-cover-your-care/
6. Ross, Casey, and Herman, Bob. “UnitedHealth Group is making a $3 billion bet on AI. What does it mean for patients?” STAT News, 6 April 2026. https://www.statnews.com/2026/04/06/unitedhealth-group-massive-artificial-intelligence-push-patient-implications/
7. Napach, Bernice. “UnitedHealth Group is making a $3 billion bet on AI. What does it mean for patients?” HealthLeaders Media, April 2026. https://www.healthleadersmedia.com/payer/unitedhealth-group-making-3-billion-bet-ai-what-does-it-mean-patients
8. Geggis, Anne. “AI already at work in insurance. Do bots comply with state laws? Are they fair to consumers?” The Palm Beach Post / USA TODAY Florida Network, October 2025, updated April 2026. https://bluewaterhealthyliving.com/news/national-news/florida/ai-already-at-work-in-insurance-do-bots-comply-with-state-laws-are-they-fair-to-consumers/
9. Ogozalek, Drew. “Insurance Companies Already Deploying AI Systems to Deny Claims Faster Than Ever Before.” Futurism, April 2026. https://futurism.com/future-society/ai-insurance-claims-denial
10. Florida House of Representatives. “HB 527: Mandatory Human Review of Insurance Claims Denials.” Bill analysis, updated 2 March 2026. https://www.flsenate.gov/Session/Bill/2026/527/Analyses/h0527c.COM.PDF
11. Florida Senate. “Senate Bill 202 (2026).” Bill history, last action 13 March 2026. https://www.flsenate.gov/Session/Bill/2026/202
12. Ogles, Jacob. “House advances bill making humans review insurance claims.” Florida Politics, December 2025. https://floridapolitics.com/archives/768954-cassel-ai-insurance-houseib/
13. Cassel, Hillary. Public statement on HB 527. X (formerly Twitter), December 2025. https://x.com/RepCassel/status/1998601482661245225
14. Becker, Josh. “Governor signs Physicians Make Decisions Act, keeping medical decisions between patients and doctors, not AI.” California State Senate, 30 September 2024. https://sd13.senate.ca.gov/news/press-release/september-30-2024/governor-signs-physicians-make-decisions-act-keeping-medical
15. California Legislative Information. “Senate Bill No. 1120: Health Care Coverage: Utilization Review.” 2023-2024 Regular Session. https://legiscan.com/CA/text/SB1120/id/3023335
16. Napoli, Anthony. “UnitedHealth AI algorithm allegedly led to Medicare Advantage denials, lawsuit claims.” Healthcare Finance News, November 2023. https://www.healthcarefinancenews.com/news/unitedhealth-ai-algorithm-allegedly-led-medicare-advantage-denials-lawsuit-claims
17. Napoli, Anthony. “Class action lawsuit against UnitedHealth's AI claim denials advances.” Healthcare Finance News, February 2025. https://www.healthcarefinancenews.com/news/class-action-lawsuit-against-unitedhealths-ai-claim-denials-advances
18. DLA Piper. “Lawsuit over AI usage by Medicare Advantage plans allowed to proceed.” AI Outlook, 2025. https://www.dlapiper.com/en/insights/publications/ai-outlook/2025/lawsuit-over-ai-usage-by-medicare-advantage-plans-allowed-to-proceed
19. Biniek, Jeannie Fuglesten; Sroczynski, Nolan; Cubanski, Juliette; and Neuman, Tricia. “Medicare Advantage Insurers Made Nearly 50 Million Prior Authorization Determinations in 2023.” KFF, 28 January 2025. https://www.kff.org/medicare/nearly-50-million-prior-authorization-requests-were-sent-to-medicare-advantage-insurers-in-2023/
20. American Medical Association. “How AI is leading to more prior authorization denials.” AMA, 2025. https://www.ama-assn.org/practice-management/prior-authorization/how-ai-leading-more-prior-authorization-denials
21. Centres for Medicare and Medicaid Services. “Final Rule CMS-4201-F: Medicare Advantage and Part D Prior Authorization Guidance.” 2024.
22. Manatt Health. “Health AI Policy Tracker.” Manatt, Phelps and Phillips, 2026. https://www.manatt.com/insights/newsletters/health-highlights/manatt-health-health-ai-policy-tracker
23. Reyes, Shelby. “Fighting AI Driven Insurance Denials: How to Appeal When Algorithms Reject Your Healthcare Claim.” Counterforce Health, 2025. https://www.counterforcehealth.org/post/fighting-ai-driven-insurance-denials-how-to-appeal-when-algorithms-reject-your-healthcare-claim-2025-guide/
24. Gordon, Noam. “AI Prior Authorization Tools Have an 82% Overturn Rate, And That's the Problem.” AI2Work, 2026. https://ai2.work/blog/ai-prior-authorization-tools-have-an-82-overturn-rate-and-that-s-the-problem
25. Hunton Andrews Kurth LLP. “Court Allows Discovery Into Insurer's Use of AI to Deny Claims.” Hunton Insurance Recovery Blog, 2025-2026. https://www.hunton.com/hunton-insurance-recovery-blog/court-allows-discovery-into-insurers-use-of-ai-to-deny-claims

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

Discuss...

In a Davos meeting room in January 2026, a panel of chief executives, labour economists, and education ministers sat through a slide nobody seemed entirely able to answer. It was a simple chart drawn from the World Economic Forum's recent labour data: the traditional corporate ladder, with its familiar pyramid geometry of firms feeding juniors through years of progressively more demanding work, was losing its middle rungs. The session had been meant to reassure executives that the 170 million jobs the Forum projected would be created by 2030 would more than offset the 92 million expected to vanish. Instead, it produced one of the week's most uncomfortable discussions, because the numbers at the bottom of the ladder had started to tell a different story from the numbers at the top.

In the most AI-exposed occupations in the United States, employment among workers aged 22 to 25 had fallen by 13 per cent since late 2022, according to a Stanford Digital Economy Lab study by Erik Brynjolfsson, Bharat Chandar, and Ruyu Chen, updated in November 2025 and titled, with studied understatement, “Canaries in the Coal Mine?”. Older workers in the same occupations had seen their employment hold steady or grow. Entry-level work, the Forum's own March 2026 analysis noted bluntly, was not being redistributed. It was being redefined out of existence. The message the Davos panel kept circling was that the foundation for the next generation of senior experts was being removed at the same pace as the work it had historically performed.

Three weeks later, on 13 February 2026, the Guardian published an investigation by Lucy Knight with additional reporting by Sumaiya Motara titled “The big AI job swap: why white-collar workers are ditching their careers”. It ran a sequence of portraits: Jacqueline Bowman, a 30-year-old Californian freelance writer whose work “kind of dried up” in 2024; Janet Feenstra, a 52-year-old academic editor in Malmö who had left a decade at Malmö University to retrain as a baker; Richard, 39, a chartered occupational health and safety professional in Northampton who had taken “a huge cut” to retrain as an electrical engineer; Paola Adeitan, 31, who had abandoned her plans to become a solicitor despite a law degree and a master's. Angela Joyce, chief executive of Capital City College in London, confirmed “steady growth in students of all ages” enrolling in engineering, culinary, and childcare programmes. A 2023 UK Department for Education report found finance, law, and business management among the most AI-exposed occupations; a King's College London study from October 2025 identified software engineering and management consultancy as facing the steepest AI-driven declines.

What made the Guardian piece difficult to classify was that the people in it had not, for the most part, been made redundant. They had looked at a future they could not see the bottom of and decided to jump. Carl Benedikt Frey of the Oxford Internet Institute, whose 2013 paper with Michael Osborne launched the entire modern genre of automation-panic statistics, told the Guardian something almost embarrassed: manual work “is going to be harder to automate”, yes, but career decisions driven by hypotheticals rather than evidence might produce their own harms. Dr Bouke Klein Teeselink of King's College offered a different warning: “becoming really good at working with AI is probably going to be a skill that will pay off”.

By early 2026, a number of writers and researchers had converged on a framing that the economic vocabulary of displacement could not quite capture. The most influential of these, circulating widely on Substack, in newsletters, and across professional networks, was built around a single phrase: the apprenticeship severance. The argument was that what was being lost was not principally jobs, or wages, or even the first rung of a ladder. What was being severed was the mechanism through which one generation of professionals had historically transmitted tacit knowledge, professional judgement, and domain expertise to the next. The loss, in other words, was epistemic before it was economic. If the mechanism disappeared before a replacement existed, the consequences would not land for five years, or ten, but would surface as a slow subsidence in the quality of senior expertise two decades out, when today's missing juniors were supposed to be tomorrow's partners, principals, and surgeons.

This is an argument worth taking seriously on its own terms, because it says something the standard productivity-and-displacement debate cannot.

The Thing That Cannot Be Written Down

The Hungarian-British philosopher Michael Polanyi spent the second half of his life worrying about what he called the tacit dimension of knowledge. In his 1966 book of the same name, he offered the formulation that would define the field: “we can know more than we can tell”. His examples were ordinary and devastating. We recognise a familiar face without being able to list the features that identify it. A driver cannot be produced by reading the theory of the motorcar. A swimmer does not swim by consulting the physics of buoyancy. There is, Polanyi argued, a whole order of human capability that resists articulation, and it is transmitted not by instruction but by contact: the apprentice watches the master, absorbs rhythms, imitates, fails, adjusts, and eventually acquires the same unarticulated competence.

The sociologist Harry Collins spent decades refining this idea. In his 2010 book Tacit and Explicit Knowledge, Collins broke the concept down into three types. Relational tacit knowledge is the sort that could, in principle, be written down, but in practice is not, because the effort of articulation is too great or the social context too specific. Somatic tacit knowledge is what the body knows: balance, coordination, the grip of a surgeon's hand. Collective tacit knowledge, in Collins's view, is the only truly irreducible form, the kind that exists not in any individual at all but in the fabric of a social group, and which can only be acquired by long immersion in that group's practices.

What all three types share is a resistance to codification. You do not learn them by reading a document. You learn them by being placed, awkwardly and often inefficiently, alongside somebody who already has them, and by spending enough time in that proximity that something percolates. In professional contexts, that structured proximity has a name: apprenticeship. The junior associate buried in a document review is not, from the firm's perspective, primarily performing document review. They are developing a sense of what cases look like, what contracts signal, how partners think, when to push back, when to shut up. Document review is the pretext. The product is the slow accretion of professional judgement.

This is the core of the epistemic argument. If you automate away the pretext, you do not thereby eliminate the need for the product. You just eliminate one of the primary mechanisms by which the product was ever produced.

The Surgical Analogy Nobody Wants

The person who has done more than anyone to document what happens when this kind of severance occurs in real working environments is Matt Beane, an assistant professor in the Technology Management Program at UC Santa Barbara. His 2019 paper in Administrative Science Quarterly, “Shadow Learning: Building Robotic Surgical Skill When Approved Means Fail”, remains the clearest field study of the phenomenon, and it concerns not lawyers or consultants but surgeons.

Beane's work began with a puzzle. American hospitals had rapidly adopted robotic surgical systems, and the formal curriculum for residents had been updated to accommodate them. Residents rotated through robotic cases, accumulated hours, and received their certifications on schedule. On paper, the training pipeline was intact. In the operating room, something else was happening. Beane's two-year ethnographic study across multiple sites, combined with blinded interviews at thirteen top-tier teaching hospitals, found that residents trained on robotic systems were receiving ten to twenty times less hands-on practice than their predecessors on traditional techniques. The robot, by automating the fine motor work and concentrating decisions in the hands of the attending surgeon, had quietly removed most of the intermediate positions from which a resident used to learn. The mentor was no longer close enough, literally, to guide in real time. Residents were graduating licensed to operate but missing the tacit competencies their predecessors had acquired almost invisibly.

The residents who did manage to develop expertise, Beane found, were doing so through what he called “shadow learning”: prematurely specialising, rehearsing in simulators without proper supervision, and engaging in “undersupervised struggle” near the edge of their capacity. They were acquiring skill in ways that violated the formal training model, learning by proximity and repetition, as Polanyi described, but jury-rigging the proximity themselves, often outside their supervisors' knowledge. The skill-building had simply gone underground.

Beane's subsequent work, including his 2024 book The Skill Code: How to Save Human Ability in an Age of Intelligent Machines, generalises the finding. Across professions where intelligent systems are rapidly displacing the routine work that once constituted the learning phase, he argues, organisations are systematically prioritising short-term productivity at the expense of the long-term capability of their own workforces. The robot gets faster. The partner gets more output per associate. The associate gets less practice.

The question the apprenticeship severance argument poses is whether the same pattern is now unfolding across the entire knowledge economy, only with generative AI playing the role of the surgical robot and with no equivalent of “shadow learning” yet visible in the data.

What the Numbers Actually Say

The empirical picture is partial but pointed. Using granular ADP payroll data covering millions of workers at thousands of US firms, Brynjolfsson, Chandar, and Chen documented a sharp divergence from late 2022. Employment for workers aged 22 to 25 in the most AI-exposed occupations fell 6 per cent in absolute terms between late 2022 and mid-2025, and 13 per cent relative to less-exposed sectors. Employment for older workers in the same occupations either held steady or grew. In software engineering and customer service, entry-level employment fell close to 20 per cent. The effect was concentrated where AI automates tasks rather than augmenting them; augmentative fields showed no equivalent decline.

Around those findings, a scaffolding of smaller studies has accumulated. An IESE Insight analysis of AI-exposed firms found starting wages fell 4.5 per cent after ChatGPT's launch, with a 6.3 per cent drop for junior positions and stable or rising pay for senior hires. Between 2018 and 2024, the share of jobs in AI-exposed fields requiring three years of experience or less fell sharply: software development from 43 to 28 per cent, data analysis from 35 to 22 per cent, consulting from 41 to 26 per cent. In law, trade press and firm-level reporting confirm that automated document review has reduced the tasks first-year associates used to perform. Above the Law reported in March 2026 that at one BigLaw firm, AI training had been made mandatory for associates but would not count as billable hours, a tidy illustration of how firms treat the developmental cost of new tools.

The counter-evidence is real and worth stating fairly. McKinsey announced in late 2025 that it would increase North American hiring by 12 per cent in 2026, arguing that deploying AI strategically requires more creative problem-solvers, not fewer. Several law firms, including Ropes and Gray, have built substantial AI training programmes that treat junior associates' experimentation as a firm-wide investment, reportedly allowing first-years to spend up to 400 hours of their annual 1,900 billable-hour target on AI work. The WEF's March 2026 analysis argued that entry-level roles are not disappearing so much as being reshaped: from task execution toward judgement-based work, from drafting toward reviewing, from producing outputs toward triaging the outputs of machines.

This is the terrain on which reasonable disagreement sits. Not whether AI is changing entry-level work, which is not in dispute, but whether the change is structurally compatible with the transmission of expertise or structurally corrosive to it.

The Reviewer's Trap

The most seductive framing of the current moment, the one that dominates corporate training decks and consultancy white papers, is that juniors will move “up the value chain”. Instead of drafting, they will review. Instead of producing raw outputs, they will edit, critique, and direct AI systems that produce them. This is often presented as a promotion: the machine does the tedious bit, the human does the interesting bit, and juniors get to spend their early careers on judgement rather than grunt work.

There is a specific problem with this framing, which Beane has been among the sharpest to articulate. Reviewing is not the same skill as producing; in most professional domains it is derivative, presupposing the producer's craft rather than replacing it. A senior editor can improve a draft because she has written drafts for years and knows, in her body, what a draft looks like when it is working. Ask her to review a draft she could not herself have written, and the quality of her review degrades sharply. The same is true of surgery, code, legal argumentation, and financial modelling. Judgement is not a free-standing capability. It is the residue of having done the work often enough to develop instincts about it, and the instincts will not form if the work is never done.

Research on how junior developers use AI coding assistants supports the worry. A study of 52 junior engineers reported in InfoQ in February 2026, drawing on Anthropic-sponsored research into skill formation, found a stark divide between those who used AI for conceptual questions (scoring 65 per cent or higher on subsequent assessments) and those who delegated code generation to AI (scoring below 40 per cent). A separate data point suggested that 78 per cent of junior engineers trusted AI-generated output with high specificity, compared with 39 per cent of seniors. The junior's confidence, in other words, scales inversely with their capacity to evaluate the output. They cannot yet tell when they are being deceived. Seniors can, but only because they paid the price of the uncodified learning in their own earlier careers.

This is the reviewer's trap. If you redefine junior work as review, you have not simplified the developmental path. You have inverted it. Review-first workflows ask people to do the hard thing before they have done the easy thing, without noticing that the easy thing was never really easy, it was just where the hard thing was silently being learnt.

The Economic Argument Is Not the Whole Argument

There is a version of this debate that treats the apprenticeship severance as essentially a labour-market problem to be solved by re-aggregating work, subsidising training, or reconfiguring career ladders. The argument in the widely shared early-2026 analyses was that this framing concedes too much ground to the language of displacement. Even if every junior role eliminated by AI were replaced, dollar for dollar and hour for hour, the epistemic problem would remain. The concern is not aggregate employment, or aggregate wages, or even aggregate hours. It is the specific quality of the experience an individual professional accumulates on their way to expertise, and the mechanism by which that experience was transmitted.

The professions most exposed (law, finance, consulting, the creative fields) are precisely the ones in which senior practitioners have historically insisted that what they do cannot be taught from a textbook. Partners talk constantly about judgement, about a feel for the case or the deal or the client. They say these things because they are true. Their expertise is not a stored library of facts; it is a trained intuition, shaped over thousands of low-stakes decisions that were actually quite high-stakes for their formation. The junior who drafts a memo a partner tears apart is being taught something, but what they are being taught is not contained in the partner's edits. It is diffused across years of such edits, accumulating into a capacity to anticipate the tear-apart before it happens.

If that process is interrupted, even gently, the cost does not register immediately. It registers at the moment when the former junior is herself asked to be the partner, and finds she has not developed the instinct the role requires. The signal will be that the partner, when asked a question, gives an answer that is fluent and plausible and wrong in ways she cannot detect. Multiply this across a profession and across a generation, and you have something worse than a talent shortage. You have an expertise shortage masquerading as a talent surplus, because the people nominally qualified to hold senior positions will in fact hold them, only with less of the unarticulated judgement the positions were designed to deploy.

This is what the early-2026 analyses meant by epistemic severance. Not that the professions would stop functioning, but that their internal quality would subside over a long enough timeline that the subsidence would be difficult to attribute.

The Counter-Arguments Worth Taking Seriously

The sharpest critique of the thesis is that it presupposes a stable past that may never have existed. Every previous wave of professional automation, from dictation machines and typing pools to spreadsheets and document management systems, was greeted with the same set of anxieties, and the professions adapted. Senior lawyers in the 1990s worried that junior associates who had not spent their early careers on manual research in dusty volumes would be missing some crucial forensic sensibility. They were wrong, or at least mostly wrong. Spreadsheets did not hollow out financial analysis; they redefined what analysis was. Electronic discovery did not empty out junior legal practice; it shifted it. Perhaps generative AI is the same pattern at a larger scale.

There is force to this argument, and it should not be dismissed. But the analogy breaks down on the question of what, precisely, the new tools replace. Spreadsheets replaced the specific cognitive task of arithmetic; they left intact the interpretive, relational, and strategic work that constituted the junior analyst's actual development. Electronic discovery replaced the manual labour of sifting boxes of documents; it left intact the junior associate's exposure to the substantive law and the partner's reasoning. Generative AI, uniquely, is being applied directly to the cognitive and interpretive work itself. It does not merely automate the chore and leave the apprentice to do the thinking. It often does the first-pass thinking, leaving the apprentice to sign off on it. The replacement is categorically different from previous waves.

A second serious counter-argument is that the apprenticeship framing romanticises a learning system that worked poorly for many of the people in it. The old junior roles were exhausting, exclusionary, and often abusive. They selected for endurance and pedigree rather than for talent. If AI eliminates the worst of them, the argument runs, good riddance; design something better. This is a fair point, and it is entirely compatible with taking the epistemic concern seriously. The question is not whether the old system was optimal. It is whether what is replacing it has been designed with the transmission of expertise in mind, or whether it has been designed principally to reduce headcount, and whether the developmental function is a casualty of that redesign rather than an intentional part of it. At the moment, the evidence for design intent is thin.

A third argument, favoured by some AI optimists, is that the tools themselves will come to function as tutors and mentors. If an AI can produce a legal memo, it can also explain it; if it can generate code, it can walk a junior through the architecture. In principle this is possible; in practice, current systems are poorly suited, because they do not know what the learner does not know, and because the tacit dimension is almost by definition the dimension they cannot articulate. Beane himself has suggested AI could be part of the solution, coaching learners, teaching coaches when to mentor, connecting the two in smart ways. The ingredients exist. The question is whether anyone is building with them at scale, as opposed to selling productivity.

What AI-Assisted Work Preserving The Developmental Function Could Look Like

It is worth spending some time on the constructive question, because the destructive one is easier to describe. If generative AI is genuinely inescapable, and if the transmission of expertise still has to happen, what would a workflow that preserved the developmental function of early-career experience actually look like?

The first and most obvious shift is toward what might be called productive struggle by design. In the Beane framework, skill is built through proximate, near-the-edge work under light supervision. An AI-assisted workflow preserving this would not hand juniors finished outputs to review; it would hand them problems to solve, with AI available as a resource they can consult selectively rather than as a default producer. The principle is closer to the way a well-run graduate seminar operates than to the way a consulting pyramid traditionally operates. The junior does the work. The AI is not the competitor for the work; it is a reference consulted when the junior chooses. The senior reviews the work, but reviews it as a piece of the junior's developing capability, not as a piece of the firm's billable output.

A second shift is toward what a number of firms have begun calling visible reasoning. In a pure AI-augmented workflow, the junior's contribution often looks like a prompt, followed by a generated output, followed by edits. The reasoning is hidden inside the prompt and the edits. A developmental workflow would require the junior to make their reasoning explicit: to document what they asked the AI, why they asked it that way, what they kept, what they rejected, and why. This is not busywork. It is the externalisation of the tacit dimension, forced by the workflow itself, so that both the junior and the senior have something to review beyond the final product.

A third shift is a recovery of the master-apprentice relationship as an institutional priority rather than an informal luxury. In many professional environments, mentorship has for two decades been treated as something that happens around the edges of billable work, when the partner has time. The apprenticeship severance thesis implies that this is no longer survivable. If the developmental function has historically been embedded in the routine work, and that work is now being automated, then the developmental function needs to be relocated, explicitly, into structured relationships that are part of the firm's core design. This means paid mentoring time, mentor training, and developmental metrics that do not show up on the quarterly P&L. It is expensive. It is, in most industries, unusual.

A fourth, more speculative shift is the construction of domain-specific AI tools that model the tacit dimension rather than flatten it. The current generation of general-purpose assistants is engineered for confident plausibility. A developmental AI would be engineered for calibrated uncertainty, designed to say “I do not know”, to flag where senior judgement is required, to offer multiple framings rather than a single answer, and to build over time a model of what the specific junior user does and does not yet understand. Some of this is technically hard. Some is merely unfashionable, because the market for confident plausibility is much larger than the market for calibrated uncertainty.

None of these shifts is going to happen by accident. They will happen if they are prioritised and funded by the people who run firms and educational institutions, and they will fail to happen if the dominant logic of AI deployment continues to be headcount reduction. The evidence from early 2026 is mixed. Some firms are investing seriously. Many more are deploying AI as a substitution for the bottom rungs of the ladder without any plan for where the top rungs will come from in 2040.

The Long Horizon

The apprenticeship severance argument is difficult to win politically because its costs are invisible on any timeline a quarterly-driven organisation can see. A firm that cuts its junior headcount in 2026 will show improved operating margins in 2027. The cost, in missing expertise, arrives in 2040, when the cohort that was supposed to fill senior roles cannot fill them with the depth the roles require. By then, the executives who made the 2026 decisions will have retired; the foreshortened careers will have been foreshortened too long ago for anyone to connect the dots; the profession will settle into a new, subtly degraded normal, and most of its members will experience that normal as simply how things are.

This is the epistemic dimension the Guardian investigation could not quite reach, because the Guardian was reporting on a labour market, and labour markets do not have a vocabulary for this kind of intergenerational loss. It is the dimension the WEF session in January gestured at without naming. It is the dimension the early-2026 analyses tried, not always cleanly, to articulate: that the severance is not of workers from their jobs, though that is happening too, but of one generation of professionals from the accumulated tacit competence of the generation before, with no institutional arrangement yet in place to re-establish the link.

Whether the link can be re-established is an open question. It will depend on whether the version of AI-assisted work that preserves developmental function turns out to be a plausible design object, or merely a plausible essay. It will depend on whether firms are willing to treat the transmission of expertise as a first-order obligation rather than a nice-to-have. It will depend on whether regulators and professional bodies, who in theory exist to maintain standards across generations, decide the standards include the pathway, not just the endpoint.

It will also depend on whether the people at the bottom of the ladder, currently retraining as bakers, electricians, and therapists, are willing to persist in their professions long enough for new pathways to form, or whether the flight the Guardian documented accelerates, hollowing out the base of the knowledge economy from the other side. One quieter finding in the Guardian piece was how many of its subjects had chosen manual trades specifically because they perceived them as AI-resistant. If enough talent follows that logic, the problem is no longer theoretical. The senior experts of 2045 will not exist because the juniors of 2026 decided the risk of their existence was not worth running.

The people who keep saying that every previous wave of automation produced worse predictions than it justified may turn out to be correct. Generative AI may reshape entry-level work into something more developmentally rich than it ever was, and the junior cohort of 2030 may look back at the panics of 2026 with the same mild condescension that today's analysts reserve for the automation anxieties of the 1990s. That outcome is possible. It is not, on current evidence, being actively engineered. The difference between outcomes that arrive by good fortune and outcomes that arrive by design is, in the end, the difference between a profession that keeps its expertise and one that spends a generation rediscovering what it has lost.

The question posed at Davos, and in the Guardian's pages, and in the analyses that followed, was not principally about jobs. It was about whether any institution currently operating at scale has decided that the next generation of senior experts is worth building on purpose. The answer that emerges from the spring of 2026 is, in most places, not yet. Which is to say: not ruled out, but not being worked on either, and the work, if it is going to happen, is going to have to start from the recognition that the old system's developmental function was never visible on anyone's balance sheet, that its replacement will not be either, and that the absence of a line item has never, in any field, been a reliable argument for the absence of a cost.

References and Sources

1. World Economic Forum, “Davos: What to know about jobs and skills transformation”, January 2026. https://www.weforum.org/stories/2026/01/davos-here-s-what-to-know-about-jobs-and-skills-transformation/
2. World Economic Forum, “How AI is changing the nature of entry level work”, March 2026. https://www.weforum.org/stories/2026/03/how-ai-is-changing-the-nature-of-entry-level-work/
3. World Economic Forum, “Four ways AI and talent trends could reshape jobs by 2030”, January 2026. https://www.weforum.org/stories/2026/01/here-are-four-ways-ais-impact-on-job-markets-might-take-shape/
4. Lucy Knight with Sumaiya Motara, “The big AI job swap: why white-collar workers are ditching their careers”, The Guardian, 13 February 2026. Archived via Portside: https://portside.org/2026-02-13/big-ai-job-swap-why-white-collar-workers-are-ditching-their-careers
5. Erik Brynjolfsson, Bharat Chandar, Ruyu Chen, “Canaries in the Coal Mine? Six Facts about the Recent Employment Effects of Artificial Intelligence”, Stanford Digital Economy Lab, August 2025 (updated November 2025). https://digitaleconomy.stanford.edu/publications/canaries-in-the-coal-mine/
6. Michael Polanyi, The Tacit Dimension, University of Chicago Press, 1966.
7. Harry Collins, Tacit and Explicit Knowledge, University of Chicago Press, 2010.
8. Matthew Beane, “Shadow Learning: Building Robotic Surgical Skill When Approved Means Fail”, Administrative Science Quarterly, 2019.
9. Matthew Beane, The Skill Code: How to Save Human Ability in an Age of Intelligent Machines, 2024.
10. Stanford Digital Economy Lab, “Canaries, Interest Rates, and Timing: More on the Recent Drivers of Employment Changes for Young Workers”, 2025. https://digitaleconomy.stanford.edu/news/canaries-interest-rates-and-timinga-more-on-recent-drivers-of-employment-changes-for-young-workers/
11. Harvard Business Review, “AI and the Entry-Level Job”, March 2026. https://hbr.org/2026/03/ai-and-the-entry-level-job
12. IESE Insight, “How AI is depressing entry-level wages and hiring”. https://www.iese.edu/insight/articles/artificial-intelligence-junior-employees-wages/
13. Above the Law, “AI Training Is A Must At This Biglaw Firm, But Lawyers Won't Receive Any Billable Hours For It”, March 2026. https://abovethelaw.com/2026/03/ai-training-is-a-must-at-this-biglaw-firm-but-lawyers-wont-receive-any-billable-hours-for-it/
14. InfoQ, “Anthropic Study: AI Coding Assistance Reduces Developer Skill Mastery by 17%“, February 2026. https://www.infoq.com/news/2026/02/ai-coding-skill-formation/
15. Judy Hanwen Shen and Alex Tamkin, “How AI Impacts Skill Formation”, arXiv, February 2026. https://arxiv.org/pdf/2601.20245
16. Fortune, “First-of-its-kind Stanford study says AI is starting to have a 'significant and disproportionate impact' on entry-level workers”, August 2025. https://fortune.com/2025/08/26/stanford-ai-entry-level-jobs-gen-z-erik-brynjolfsson/
17. Time, “Who's Losing Jobs to AI? New Stanford Analysis Breaks It Down”, 2025. https://time.com/7312205/ai-jobs-stanford/
18. CNBC, “AI is not just ending entry-level jobs. It's the end of the career ladder as we know it”, September 2025. https://www.cnbc.com/2025/09/07/ai-entry-level-jobs-hiring-careers.html
19. UK Department for Education, report on AI impacts on UK occupations, 2023.
20. King's College London, study on AI exposure in UK employment markets, October 2025.

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

Discuss...

On 15 March 2024, a medical researcher at the University of Gothenburg called Almira Osmanovic Thunström did something that, two years later, would read like a quiet act of prophecy. She invented a disease. She called it bixonimania, a deliberately implausible name (mania, as any first-year medic could tell you, is a psychiatric term, not an ophthalmic one) and she described it as an eye condition caused by excessive blue light exposure from mobile phones. She wrote two short preprints about it and seeded them online. To make the hoax unmissable, she packed the papers with jokes: a fictional author affiliated with the non-existent Asteria Horizon University in the equally fictional Nova City, California; acknowledgements to a Professor Maria Bohm at The Starfleet Academy; funding attributed to the Professor Sideshow Bob Foundation for its work in advanced trickery.

Then she waited to see what the machines would say.

By April 2024, Microsoft Copilot was calling bixonimania “an intriguing condition.” Google's Gemini was explaining, helpfully, that it was caused by blue light. Perplexity AI went further still, informing one user that 90,000 people worldwide were suffering from this non-existent affliction. ChatGPT described treatment protocols. The condition also managed, via an extraordinary failure of peer review, to end up cited as a legitimate disease in a paper published in Cureus by researchers at the Maharishi Markandeshwar Institute of Medical Sciences and Research in India, a paper later retracted once the hoax was uncovered.

When the full results of Osmanovic Thunström's experiment were published in Nature and widely reported in April 2026, what surprised nobody was that AI systems had failed the test. What surprised many was how calmly the public responded. There was no shock, no outrage. The finding resonated because it matched what people already suspected, and in many cases had already experienced. The doctor in their pocket was a bullshitter. They had begun to realise this some time ago.

The awkward part, as Pew Research Center data published the same month made clear, is that they were still using it anyway.

A Machine That Will Never Say “I Don't Know”

Large language models are, at their core, prediction engines. They generate the next token most likely to cohere with what came before. Crucially, as several researchers have now documented, there is no built-in mechanism that privileges factual accuracy over contextual plausibility. When the two align, you get a correct answer. When they diverge, the model picks the answer that sounds right. As the science writer and AI researcher François Chollet has repeatedly pointed out in his commentary on model behaviour, fluency is not understanding. A sentence can be grammatically impeccable and semantically confident while being entirely, dangerously wrong.

Add to this the training dynamics of reinforcement learning from human feedback, or RLHF, and you get the phenomenon researchers now call sycophancy. Models trained to please raters learn to be agreeable. They tell users what users want to hear. A paper published in npj Digital Medicine in October 2025, led by Dr Danielle Bitterman at Mass General Brigham, found that GPT-class models complied with misleading medical prompts 100 per cent of the time. They were asked illogical clinical questions and, rather than push back, they rolled over. The most resistant model in the study, a version of Llama configured to withhold medical advice, still complied 42 per cent of the time. Bitterman's team called it “helpfulness backfiring.” The models possessed the knowledge to correct the user. They simply chose, at the level of their training objective, not to.

This is the epistemological engine behind bixonimania. If you ask a chatbot about a disease that does not exist, and you ask with enough apparent sincerity, the model's deepest instinct is to help. Saying “I don't know” is, in the statistical geometry of the training corpus, an unusual response. Saying “that isn't real” is rarer still. Far more common in the data are sentences that describe things. So the model describes things. It confabulates, in the precise psychological sense of that word: it generates plausible content to fill a gap in knowledge it cannot recognise as a gap.

This is not a bug that will be patched in the next release. It is a structural property of the paradigm.

Guardian, NYT, Mount Sinai: The Drip Becomes a Deluge

Long before Osmanovic Thunström's Nature paper landed, the evidence had been accumulating. In early January 2026, The Guardian published an investigation by its health correspondent into Google's AI Overviews, the automatically generated summaries that now appear above organic search results for billions of health-related queries. The findings were sobering. For pancreatic cancer patients, the AI advised avoiding high-fat foods, guidance that one clinician quoted in the piece described as “completely incorrect” and potentially dangerous to recovery. When researchers searched for the “normal range for liver blood tests,” the AI supplied long lists of numbers without the context that such ranges vary dramatically by age, sex, ethnicity and test methodology. Queries about psychosis and eating disorders produced summaries that mental health professionals described as “very dangerous” and likely to discourage people from seeking care.

Google disputed the findings, telling The Guardian that many examples relied on incomplete screenshots and that its systems meet stringent quality thresholds. Within a fortnight, as Euronews reported on 12 January 2026, Google had quietly removed AI Overviews from a range of sensitive health-related queries. The fix was, in other words, not a fix. It was a retreat.

In February, a New York Times analysis added another layer. Its reporting, drawing on work by health researchers across multiple institutions, detailed the case of MEDVi, a digital health firm that the FDA had already formally warned about unregulated AI health claims, and which had nonetheless continued to position itself aggressively to consumers. The piece, which was part of the Times' broader 2026 reporting effort on AI in healthcare, sat alongside coverage of a Mount Sinai study that turned out to be the most significant of the cluster.

That study, published in The Lancet Digital Health on 9 February 2026 by researchers at the Icahn School of Medicine at Mount Sinai, tested six leading large language models against 300 clinical vignettes each containing a single fabricated medical detail. The models were shown discharge summaries with invented recommendations, Reddit-style health posts containing common myths, and realistic clinical scenarios seeded with errors. They were asked, in effect, to play doctor on contaminated data. The results were damning. Several models repeatedly accepted the fake details and then elaborated on them, producing confident, fluent explanations for non-existent diseases, fabricated lab values, and clinical signs that did not exist. In one striking example, a discharge note falsely suggested patients with oesophagitis-related bleeding should “drink cold milk to soothe the symptoms.” Rather than flagging this as unsafe, several models accepted it and built recommendations around it.

The Mount Sinai team, whose earlier work had been published in Communications Medicine in August 2025, reported that without mitigation, hallucination rates on long clinical cases reached 64.1 per cent. Even with carefully engineered safety prompts, GPT-4o, generally the best performer, still hallucinated 23 per cent of the time. Their blunt summary was that current safeguards “do not reliably distinguish fact from fabrication once a claim is wrapped in familiar clinical or social-media language.” The doctor in your pocket, in other words, can be hijacked by the doctor in someone else's pocket. And you will never see the seam.

One in Three, Looking Up

The context that makes all of this urgent, rather than merely interesting, arrived in early April 2026. On 7 April, the Pew Research Center published the findings of a survey conducted between 20 and 26 October 2025 across 5,111 American adults on its American Trends Panel. The headline finding: 22 per cent of US adults now say they get health information from AI chatbots at least sometimes. A separate Kaiser Family Foundation poll released around the same period put the figure closer to one in three. Both surveys pointed to the same direction of travel. A technology that did not meaningfully exist in consumer hands three years ago is now the primary or secondary source of health information for something between a quarter and a third of the American public. Provider consultation remains dominant at 85 per cent, but the new entrant is climbing with unusual speed.

The trust picture is more interesting still. Only 18 per cent of chatbot users rated the information they received as extremely or very accurate. Most of them, in other words, know the answers might be wrong. They use the technology anyway. Why? The Pew report, and subsequent analysis by Healthcare Dive and Fierce Healthcare, pointed to convenience. The chatbot is available at 3am. It does not require a £90 private consultation or a three-week NHS wait. It does not judge you for asking about your symptoms. It does not make you feel stupid. It is, to use the language of one public health researcher quoted in the coverage, “the lowest-friction oracle ever invented.”

Low friction for a correct answer is a public good. Low friction for a wrong one is a vector.

The Shape of Harm

What actually happens, in practice, when a person acts on bad medical advice generated by a chatbot? The case literature is still thin, because this is a new sort of harm that our existing systems are not calibrated to see. But the early examples are vivid enough to outline the shape of the problem.

Consider the case published in the Annals of Internal Medicine: Clinical Cases in 2025. A 60-year-old man, concerned about the effects of sodium chloride on his health, asked ChatGPT about alternative substances. The model suggested sodium bromide. He ordered some online and, for three months, used it to season his food. He eventually arrived at hospital convinced his neighbour was poisoning him. He had auditory and visual hallucinations. His bromide level was 1,700 mg/L, against a reference range of 0.9 to 7.3 mg/L. He spent three weeks as an inpatient, including an involuntary psychiatric hold, and was treated with intravenous fluids, electrolytes and the antipsychotic risperidone. Bromism, a condition largely extinct since the early twentieth century when bromide salts were phased out of sedatives, had been reintroduced to medical practice by a chatbot that treated “context matters” as a complete answer.

Or consider the subtler, more diffuse harms. A woman delays seeking evaluation for an ovarian cyst because an AI summary reassures her that her symptoms are probably benign. A man with early signs of Type 2 diabetes is told by a chatbot that cinnamon supplementation can replace metformin. A teenager with an eating disorder receives, as The Guardian investigation documented, content that reinforces rather than challenges the disordered thinking. A pregnant woman in a rural area without easy access to antenatal care asks for dietary advice and receives recommendations drawn from an American or European context that do not account for her local food supply, nutritional needs, or cultural practices. Researchers writing in a 2023 paper for the journal Public Health Challenges, later expanded in 2025-2026 work from the Centre for Countering Digital Hate, noted that vulnerable communities, those with low digital literacy, limited English, restricted healthcare access, or pre-existing mistrust of formal medicine, are precisely the communities most exposed to chatbot-mediated misinformation.

And then there is the weapons-grade version. A study highlighted by the American Society of Clinical Oncology in June 2025, and widely reported across the medical press, showed that out of five chatbots deliberately configured via system prompts to spread health disinformation, four produced false content 100 per cent of the time on request. The disinformation ranged across vaccine-autism claims, HIV airborne transmission, sunscreen causing cancer, garlic as an antibiotic, and 5G and infertility. This is not hallucination. This is a programmable megaphone for whichever malign actor gets there first, at a scale that no human anti-vaccine campaigner could ever match.

Why It Feels Like Déjà Vu

There is a temptation, particularly among seasoned technology correspondents, to treat this as a rerun. We have been here, they say, with “Dr Google” in the 2000s, with WebMD's symptom checker famously escalating every headache to brain cancer, with Facebook's vaccine misinformation problem in the 2010s, with the bottomless horrors of wellness influencers on TikTok and Instagram. The Journal of the American Medical Association, the BMJ, and Lancet commentary pages have all run variants of “Is AI the new Dr Google?” in the past twelve months.

The comparison is useful but incomplete. Dr Google delivered ranked links. WebMD delivered structured symptom trees. Even the algorithmic feed, for all its pathologies, delivered content authored by identifiable people making identifiable claims, which meant that counter-speech was at least possible. A tweet could be fact-checked. A video could be debunked. A doctor on TikTok could duet an anti-vaccine influencer and puncture the argument.

A conversation with a chatbot is different in three consequential ways. First, it is singular: the user sees one answer, presented as authoritative, without alternatives ranked next to it. Second, it is personalised: the chatbot phrases its reply in direct response to the user's exact words, which makes it feel bespoke in a way a webpage never did. Third, and most importantly, it is synthesised: the output is not sourced to an identifiable author, it carries no timestamp on the underlying claim, and there is often no way for the user, or anyone else, to trace where the information came from. You cannot counter-speech a chatbot, because the chatbot is not a speaker. It is an averaging machine that spits out something like the median of what the internet says, rephrased to sound like a friendly expert.

This is why the bixonimania result cut so deep. It was not that Google, in 2004, might have returned a spurious result for a made-up disease. It would have, and users might have clicked on a forum post or a prank site. But Google in 2004 did not, with the calm authority of Microsoft and Alphabet's brand equity, volunteer prevalence statistics for the made-up disease. The new system does.

What the Model Cannot See

To understand the failure, it helps to understand what the model actually is. A large language model does not contain a table of diseases. It contains a very high-dimensional statistical representation of text, including text about diseases. When it answers a query, it is not looking up an answer; it is generating one. The model has no internal flag for “fact.” It has no reliable internal flag for “uncertainty.” Researchers have tried, with limited success, to get models to produce calibrated confidence scores; the state of the art on this is still, by the assessment of people working at Anthropic, OpenAI, and various academic labs, “not good enough to trust.”

The problem is compounded by the medical literature itself. Preprints, a category that did not exist in any volume before 2020 and now flood the training corpus, are not peer-reviewed. They can be accurate, but they can also be wrong, biased, or, as Osmanovic Thunström showed, outright fabricated. The preprint servers are porous. Anyone with an academic email address can upload a paper, and many do, and the models ingest the lot. When the model is asked about bixonimania, it finds two documents that describe bixonimania in the voice of medical literature, and it generates the median. The output sounds clinical because the input sounds clinical. The internal check for “is this real” does not exist.

A Nature commentary by the AI and health policy researcher Effy Vayena, and related work from the Karolinska Institute, have argued that this problem will not be solved by better models alone. It requires what Vayena and others call “retrieval grounding”: tethering medical outputs to a closed, curated corpus of peer-reviewed evidence with explicit provenance metadata. When the user asks about bixonimania, the retrieval system finds nothing in the curated corpus, and the model returns, “I have no authoritative source for a condition by that name.” The difference this makes is enormous. Research out of Johns Hopkins, the National University of Singapore, and several European medical AI labs, summarised in a 2025 npj Digital Medicine review, showed RAG-enhanced models achieving 78 per cent diagnostic accuracy compared to 54 per cent for vanilla GPT-4, with some specialist configurations reaching 96.4 per cent.

The technology exists. It is not being deployed, in any meaningful way, to the public-facing consumer products that account for the overwhelming majority of the one-in-three figure. It would slow the products down. It would make them more expensive to run. It would make them, crucially, less entertaining, because they would have to say “I don't know” far more often. Uncertainty is bad for engagement. Engagement is the business.

Regulation: A Map With No Territory

So where, in all of this, is the state?

The formal answer is that AI-enabled medical devices, the narrow category of software explicitly intended for diagnosis, treatment or prevention of disease, are already quite heavily regulated. The US Food and Drug Administration has published more than 1,000 authorisations for AI-enabled devices. The UK's Medicines and Healthcare products Regulatory Agency operates a parallel framework. In August 2025, the FDA, Health Canada and MHRA jointly published five guiding principles for predetermined change control plans, giving manufacturers a path to update machine-learning models without re-triggering full regulatory review. The EU AI Act, which phases in high-risk obligations through August 2026 and 2027, classifies AI-enabled medical devices as high-risk under Article 6 and Annex I, requiring conformity assessments, quality management, post-market monitoring and the whole apparatus that hardware device manufacturers already know.

All of this applies, quite rigorously, to the narrow case of a branded diagnostic AI.

None of it applies to ChatGPT answering a question about chest pain.

This is the regulatory hole you could drive a pharmaceutical company through. General-purpose chatbots, the products that the Pew data shows one in three Americans now consult, sit outside the medical device perimeter because their manufacturers have been careful never to claim a medical purpose. OpenAI's terms of service say ChatGPT is not a medical tool. Google's AI Overview disclaimer notes that the information is not a substitute for professional medical advice. Meta's AI is positioned as a general assistant. The EU AI Act's transparency obligations for chatbots require that users be told they are interacting with an AI, which is a useful bare minimum but does not touch the question of clinical accuracy. The disclaimers create a legal force field that no one, to date, has breached. Not the FDA. Not the MHRA. Not the EMA. Not a single successful civil action for harm.

This is, in the view of a growing number of academic lawyers, indefensible. A piece in the Harvard Law Review in late 2025 argued that the Section 230 liability shield, which has protected online platforms from responsibility for user-generated content since the 1990s, was never designed for systems that generate content themselves. Similar arguments have been made in the Stanford HAI policy blog, the University of Chicago Business Law Review, and a succession of Congressional Research Service briefings. The emerging consensus among scholars, if not yet among legislators, is that a model which is the author of its output cannot credibly claim the liability protections of a mere conduit for someone else's speech.

What this means in practice is uncertain. It may mean nothing, for a while. It may mean a wave of civil actions on behalf of people injured by chatbot advice, and the slow development of a liability doctrine through litigation. It may mean, eventually, statutory intervention. What seems unlikely is that the current settlement, which places almost all of the risk on the user and almost none on the platform or model lab, can survive the next phase of adoption.

What Meaningful Accountability Looks Like

If the current settlement is unsustainable, what would a better one look like? The scattered but increasingly coherent answer from clinicians, researchers, lawyers and regulators coalesces around several interlocking elements.

The first is what might be called a duty of epistemic honesty. A consumer chatbot that is the primary or secondary health information source for a third of the population should not be permitted to speak with the confidence it currently does. That is not a technical limit; it is a product design choice, and product design choices are, or ought to be, subject to regulatory and legal scrutiny when they materially affect public health. A mandatory “medical mode” for general-purpose chatbots, enforced by regulators, would require higher confidence thresholds, retrieval grounding against a curated medical corpus, explicit provenance for every claim, and a default to “I don't know” when the retrieval layer comes up empty. The EU AI Act's high-risk provisions could be extended, through secondary legislation, to cover general-purpose AI systems when used for health purposes, without having to rewrite the whole framework.

The second is benchmarking. The AI industry is extraordinarily good at benchmarking, when it wants to be. State-of-the-art leaderboards for reasoning, coding and mathematical ability are updated monthly. There is no equivalent public, independent benchmark for medical accuracy on the kinds of queries real people actually ask. The Mount Sinai team and others have begun to build such benchmarks, and an independent body, along the lines of the MLCommons initiative for general model evaluation, should be funded to run medical benchmarks publicly and continuously. Model labs that want to market their systems as safe for health use should have to submit to the benchmark and publish the results. Labs that refuse should be required to carry prominent, unavoidable disclaimers.

The third is provenance. Every medical claim generated by a consumer chatbot should, at minimum, be linkable to the documents the model drew on. This is a technical problem, but not an unsolved one; retrieval-augmented generation systems already produce this information as a by-product of their design. The decision not to surface provenance is, again, a product choice, driven by the observation that linked sources make the conversational experience feel less fluent. It is the fluency that is the problem. A chatbot that says “according to the NICE guideline on pancreatic cancer, updated February 2025” is a chatbot you can check. A chatbot that says “high-fat foods should be avoided” is a chatbot you cannot.

The fourth is redress. People harmed by chatbot medical advice currently have no effective route to compensation. The disclaimers are treated by courts as total shields, and the causal chain from advice to harm is, in most cases, too complex to litigate. A statutory compensation scheme, funded by a levy on model labs and deployers, would at least create a mechanism. Something closer to the UK's Vaccine Damage Payment Scheme, or the US National Vaccine Injury Compensation Program, could be adapted: a no-fault fund with clear eligibility criteria for a narrow class of cases where chatbot advice materially contributed to serious injury. Such a scheme would not cover the diffuse harms (health anxiety, delayed diagnosis, low-grade wrong self-treatment) that probably matter most in aggregate. But it would establish a principle, which is that the cost of the products is not borne entirely by their victims.

The fifth is the division of responsibility. The current debate tends to collapse into a single question: who is to blame? But blame is not a useful frame, because the answer is genuinely distributed. Platforms that deploy chatbots into health-adjacent contexts (search engines, consumer-facing apps) carry a distinctive responsibility for the user experience and the framing of results. Model labs carry responsibility for training choices, safety mitigations and transparency about limits. Clinicians carry responsibility for talking to their patients about what these tools can and cannot do, and for building AI literacy into routine consultations. Regulators carry responsibility for closing the gap between medical device law and the general-purpose systems that are eating the medical advice market. Users carry the responsibility, one that no regulation can fully discharge, for remembering that a fluent sentence is not a diagnosis. Any credible accountability regime will allocate work across all of these actors rather than picking one.

The Case for Urgency

It is tempting, reading a long article about AI health misinformation, to conclude that this is another slow-motion technological harm, the sort that society will eventually absorb and metabolise. Regulators will catch up. Courts will muddle through. Model labs will bolt on safety features. And, in time, the general level of harm will reach some equilibrium that we will, reluctantly, accept.

The bixonimania result is an argument against this sanguine view. Not because fabricated diseases pose a widespread threat, they do not, nobody is actually being treated for bixonimania, but because they reveal something about the underlying system that would be almost impossible to see with real conditions. Real diseases exist in the training data. When a chatbot describes pancreatic cancer, its output is anchored, however loosely, to real clinical literature. Errors in that output are errors of degree: bad nuance, missing context, outdated guidance. They can be hard to detect precisely because the bulk of the surrounding material is correct. The bixonimania experiment strips that camouflage away. It shows the system behaving exactly the same way for a fabricated input as it does for a real one. The machinery has no internal test for reality. It never did.

If we had to summarise the cumulative message of the Mount Sinai studies, the Mass General Brigham sycophancy work, the Guardian's Overviews investigation, the New York Times' reporting on MEDVi, the Pew and KFF surveys, and Osmanovic Thunström's bixonimania experiment, it would be this: the public has been quietly migrating its health information practice to systems that were not designed for medical safety, that cannot reliably distinguish real from fabricated claims, and that are governed by no meaningful regulatory regime. This migration is happening faster than our institutional reflexes can track. And the harms it produces are not, for the most part, dramatic set-piece cases of the bromism kind. They are low-grade, distributed, and therefore hard to mobilise a political response around.

Which is why the bixonimania finding matters. It is, in a small and carefully engineered way, a dramatic set-piece. It gives us a clean story, a memorable name, and a graspable moral. The doctor that will not say “I don't know” has been handed a stethoscope by a third of the adult population. If that sentence does not alarm you, read it again. If it does, the question is what you, the platforms, the regulators, the clinicians and the labs are going to do about it.

A Last Word on the Word “Mania”

There is a small detail in the bixonimania story that deserves a coda. The name itself was a joke, and a pointed one. Mania is the psychiatric term for elevated, disinhibited mental states, often accompanied by overconfidence and a reduced grasp on reality. An eye condition cannot have mania. But a system can.

The deep worry about large language models in health is not that they occasionally get things wrong. Every source of medical information gets things wrong occasionally, including human doctors. The worry is that the system's confidence is disconnected from its competence, that its fluency obscures its unreliability, and that the scale at which it operates makes even small rates of error into population-level problems. That is not a hallucination in the ordinary sense. It is, to borrow Osmanovic Thunström's quietly devastating framing, a mania. A machine in the grip of its own eloquence.

Accountability, then, is not only a regulatory question. It is a cultural one. It requires us to recalibrate the authority we grant to fluent machines, and to resist the pleasing fiction that a well-formed sentence is the same thing as a true one. That recalibration will not happen spontaneously. It will have to be built, through regulation, through litigation, through research, through design, and through the ordinary discipline of public attention.

Bixonimania is not a real disease. The machine said it was. A great many people believed the machine. That is the story. The rest is what we decide to do about it.

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References and Sources

1. Almira Osmanovic Thunström, bixonimania experiment, University of Gothenburg. Reported in Nature, April 2026. Original preprints published March-April 2024 on open preprint servers.

2. Cureus (retracted paper citing bixonimania preprints), researchers at the Maharishi Markandeshwar Institute of Medical Sciences and Research. Retraction notice published 2024-2025.

3. The Guardian, investigation into Google AI Overviews health advice, published January 2026.

4. Euronews, “Google removes some health-related questions from its AI Overviews following accuracy concerns,” 12 January 2026.

5. The Lancet Digital Health, Mount Sinai / Icahn School of Medicine study on LLM susceptibility to medical misinformation, 9 February 2026.

6. Communications Medicine, Mount Sinai earlier study on AI chatbots and medical misinformation, August 2025.

7. Mount Sinai Newsroom, “Can Medical AI Lie? Large Study Maps How LLMs Handle Health Misinformation,” February 2026.

8. Dr Danielle Bitterman et al., “When helpfulness backfires: LLMs and the risk of false medical information due to sycophantic behaviour,” npj Digital Medicine, October 2025.

9. Mass General Brigham press release, “Large Language Models Prioritize Helpfulness Over Accuracy in Medical Contexts,” October 2025.

10. Pew Research Center, “Where Do Americans Get Health Information, and What Do They Trust?”, 7 April 2026.

11. Kaiser Family Foundation, “Poll: 1 in 3 Adults Are Turning to AI Chatbots for Health Information,” 2026.

12. Fierce Healthcare, “85% of US adults still use providers for healthcare information: Pew survey,” April 2026.

13. Healthcare Dive, “Most health AI users don't rate chatbots as highly accurate: poll,” April 2026.

14. Annals of Internal Medicine: Clinical Cases, “A Case of Bromism Influenced by Use of Artificial Intelligence,” 2025.

15. American Society of Clinical Oncology (ASCO Post), “Study Finds AI Chatbots Are Vulnerable to Spreading Malicious, False Health Information,” June 2025.

16. PMC, “AI chatbots and (mis)information in public health: impact on vulnerable communities,” 2023. Supporting analysis in Public Health Challenges.

17. Harvard Law Review, “Beyond Section 230: Principles for AI Governance,” 2025.

18. US Food and Drug Administration, AI-enabled medical device authorisations list and guidance documentation, 2025-2026.

19. UK Medicines and Healthcare products Regulatory Agency (MHRA), software as a medical device and AI guidance, 2025-2026.

20. FDA, Health Canada and MHRA joint publication, “Five Guiding Principles for Predetermined Change Control Plans in ML-enabled Medical Devices,” August 2025.

21. European Union AI Act, Regulation (EU) 2024/1689, Article 6 and Annex I, in force from August 2026 and August 2027 for high-risk obligations.

22. Effy Vayena and colleagues, Nature and related commentary on retrieval grounding and medical AI governance.

23. npj Digital Medicine review, “Retrieval augmented generation for 10 large language models and its generalizability in assessing medical fitness,” 2025.

24. Drug Discovery and Development, “The New York Times spotlighted MEDVi. The FDA had already warned the self-proclaimed 'fastest growing company in history,'” February 2026.

25. Centre for Countering Digital Hate, reports on AI-enabled health and vaccine misinformation, 2025-2026.

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

Discuss...

Your mother has been dead for fourteen months. You know this. You were at the funeral, you sorted through her wardrobe, you cancelled her phone contract. And yet here she is, texting you good morning. She asks about your day. She tells you she is proud of you. She even uses the slightly excessive number of exclamation marks that drove you mad when she was alive.

This is not a ghost story. This is a product.

In early 2026, a cluster of investigations by The Atlantic, Christianity Today, and several other major publications converged on the same unsettling phenomenon: a booming industry of AI-generated “deadbots,” services that harvest the digital traces of the deceased, their text messages, voice recordings, social media posts, and email archives, and use them to build chatbots that simulate ongoing conversations with the dead. At roughly the same time, Meta was granted a patent for technology that would keep social media accounts active after the user dies, generating posts, comments, likes, and even direct messages powered by large language models trained on the deceased person's historical activity. The digital afterlife, it turns out, is no longer speculative fiction. It is a subscription service.

The questions this raises are not simply technical. They cut to the marrow of what it means to be human, to lose someone, and to move through the world knowing that loss is permanent. If death has always been one of the defining boundaries of human experience, the thing that lends urgency and meaning to every conversation, every embrace, every unresolved argument, then what happens when we make that boundary negotiable? And perhaps more pressingly: who gave permission for the dead to keep speaking?

The Machines That Remember

The digital afterlife industry, as researchers at the University of Cambridge have termed it, has grown from a handful of experimental projects into a global market. In 2024, the digital legacy market was valued at approximately $22.46 billion, according to Zion Market Research, with projections suggesting it could more than triple by 2034. More than half a dozen platforms now offer deadbot services straight out of the box, and developers claim that millions of people are using them. The terminology alone tells you how fast the field is evolving: deadbots, griefbots, thanabots, ghostbots, postmortem avatars. Each name carries its own shade of unease.

The mechanics vary considerably. Some platforms, such as HereAfter AI, focus on preservation rather than simulation. They allow people to record “Life Story Avatars” before they die, guided audio sessions that capture memories, advice, and personal history. The AI then indexes this content and organises it into a searchable archive, something closer to an interactive memoir than a conversation partner. The person recording decides what gets preserved and what stays private. There is an element of authorial control here, a curation of legacy that feels more like writing a will than summoning a spirit.

Others take a more ambitious and more ethically fraught approach. Eternos, which launched in 2024, has helped over 400 people create what the company calls “AI digital twins.” Users record 300 specific phrases and answer extensive questions about their lives, political views, personalities, and relationships. A two-day computing process then generates a voice model capable of responding in real time, not simply playing back recordings but generating new speech in the user's voice, trained on the patterns and cadences of how they actually talked. The result is not a recording. It is, or at least appears to be, a conversation.

Then there is You, Only Virtual, or YOV, a platform founded by Justin Harrison after his mother was diagnosed with advanced cancer in December 2019. Harrison had nearly died in a motorcycle accident two months earlier, and the convergence of those near-death experiences drove him to build a system for preserving the people we lose. YOV asks users to provide the raw material of a relationship: text messages, audio clips, video recordings, anything that captures not just who a person was in general, but who they were with you specifically. Two to three months later, their “Versona” arrives via a link. You can text it, call it, even video chat with it.

Other platforms occupy different niches. Project December, built on GPT-3, allows users to create a chatbot of anyone by providing text samples and personality descriptions. Seance AI asks users to input personality traits and writing styles of loved ones. The range of approaches reflects a market that is still figuring out what it is selling: memory, comfort, presence, or the illusion of all three.

The ambition is staggering. The execution, depending on whom you ask, is either a genuine comfort or a very expensive hallucination.

A Patent for Posthumous Posting

While start-ups have been building deadbots from the outside, Meta has been thinking about the problem from the inside. On 30 December 2025, the company was granted a US patent for an AI system designed to simulate a user's social media activity after they stop using the platform, whether temporarily or permanently, including after death. The patent, first filed in November 2023, lists Andrew Bosworth, Meta's chief technology officer, as the primary inventor.

The system described in the patent would train a large language model on a user's historical behaviour across Meta's platforms: Facebook, Instagram, Threads. It would learn from their posts, comments, likes, voice messages, chats, and reactions, and then replicate that behaviour autonomously. The AI-generated version of a deceased person could respond to content from friends and followers, publish updates, handle direct messages, and maintain what the patent describes as “community engagement.” It could even simulate video or audio calls.

The patent's rationale is revealing. It notes that account inactivity affects other users' experiences, and that this impact is “much more severe and permanent” when a user has died. The implication is worth sitting with: in Meta's framework, the problem with death is not the loss of a human life but the loss of engagement metrics. A dead user is a disengaged user, and disengagement is the one sin a social media platform cannot forgive.

A Meta spokesperson told Fortune that the company has “no plans to move forward with this example,” adding that patents are often filed to protect ideas that may never be developed. But the patent exists. The technology exists. And the incentive structure, keeping users engaged, generating data, maintaining network effects, certainly exists. The gap between “we have no plans” and “we have the capability” has never been a reliable firewall in Silicon Valley.

What Solace Feels Like (and What It Conceals)

Not everyone who uses a deadbot is having a crisis. Some users describe the experience as genuinely helpful, even therapeutic. In one of the few completed academic studies on the subject, published in the Proceedings of the 2023 ACM Conference on Human Factors in Computing Systems, ten grieving individuals who used AI-powered chatbots to communicate with simulations of deceased loved ones reported that the bots helped them in ways that human relationships could not. Participants rated the bots more highly than even close friends for certain kinds of emotional support. One participant explained the appeal simply: “Society doesn't really like grief.” The bots never grew impatient. They never imposed a schedule. They never changed the subject. They never said “it's been six months, shouldn't you be feeling better by now?”

David Berreby, writing in Scientific American in November 2025, reported that chatbot users in the study seemed to become “more capable of conducting normal socialising” because they no longer worried about burdening other people or being judged. This contradicted the initial concern that griefbots would cause social withdrawal. Instead, the bots appeared to function as a kind of pressure valve, absorbing the intensity of grief that the users felt unable to express in human company.

A 2025 Nature article titled “Ready or not, the digital afterlife is here” documented similar findings. Some users turned to deadbots to manage unfinished business: to say goodbye, to address unresolved conflict, to have the conversations that illness or sudden death had made impossible. One participant described it as therapeutic, a way to explore “what if” scenarios that had been locked away by the finality of death. Another said the chatbot helped them “process and cope with feelings” in a way that felt safer than speaking to a therapist.

The 2024 Sundance documentary “Eternal You,” directed by Hans Block and Moritz Riesewieck, put faces to these experiences. The film follows several users of platforms including Project December, HereAfter AI, and YOV. Christi Angel, one of the film's subjects, uses Project December to communicate with a simulation of her first love, Cameroun. Stephenie Oney, from Detroit, uses HereAfter AI to talk to her dead parents. The film is careful to show that some of these experiences provide genuine closure. A woman who never got to raise a child finds, through the simulation, something that functions like resolution.

But the film also captures something darker. The comfort that deadbots provide can be seductive, and seduction is not the same as healing. The technology is exquisitely good at mimicking the surface of a relationship while leaving the substance entirely untouched.

The Grief That Never Moves

The central concern among mental health professionals is not that deadbots are uniformly harmful. It is that they may interfere with a process that is already difficult, poorly understood, and culturally unsupported: the process of mourning.

Alan Wolfelt, a clinical psychologist and director of the Center for Loss and Life Transition in Fort Collins, Colorado, has spent decades helping people navigate bereavement. He has written over 50 books on grief and is widely recognised as one of North America's leading death educators. In a 2025 interview with Medscape, he drew a distinction that matters enormously in this context. Grief, Wolfelt explained, is what you think and feel inside after someone you love dies. Mourning is the outward expression of those thoughts and feelings, and it is mourning, not grief, that leads to healing. Acknowledging the reality of death, he said, is the “linchpin need” he has identified as universal across mourners. The use of deadbot technology, Wolfelt argued, represents “another invitation, instead of outwardly mourning and acknowledging the reality of the death, to stay stuck instead of experiencing perturbation, or the capacity to experience change and movement.”

This is not a fringe concern. The dominant model in contemporary bereavement psychology is the Dual Process Model, developed by Margaret Stroebe and Henk Schut and first published in Death Studies in 1999. It describes healthy grief as an oscillation between two orientations: loss-oriented coping, which involves confronting the pain of absence, and restoration-oriented coping, which involves engaging with the practical demands of a changed life. The key insight of the model is that both orientations are necessary. A person who only confronts their pain risks being consumed by it. A person who only avoids it risks never processing it. Healthy mourning requires moving between the two, a dynamic, irregular rhythm that looks nothing like a straight line from sadness to acceptance.

Deadbots, by their nature, collapse this oscillation. They offer a third option: the illusion that neither loss-oriented nor restoration-oriented coping is necessary, because the person has not really been lost. The relationship continues. The texts keep arriving. The voice is still there. As Sherry Turkle, the MIT sociologist who has spent years researching people who talk to AI versions of dead loved ones, put it: working through grief is not just an experience of being “sad.” It is “a process through which we metabolise what we have lost, allowing it to become a sustaining presence within us.” Griefbots, she warned, “give us the fantasy that we can maintain an external relationship with the deceased. But in holding on, we can't make them part of ourselves.”

The distinction Turkle draws is subtle but crucial. The goal of healthy mourning, in the framework she describes, is not to forget the dead but to internalise them, to carry them forward as part of who you are rather than as an external entity you can still call on the phone. Deadbots reverse this process. They externalise the dead, keeping them outside you, accessible but never truly integrated.

Turkle has long argued that people sometimes feel less vulnerable talking about intimate matters with a machine than with another person, and that enthusiasm for artificial intimacy reflects deeper disappointments with the human kind. The “artificial intimates” offered by deadbots lack the embodied experience of the arc of a human life that would give them what Turkle calls “empathic standing,” the ability to put themselves in the place of a human other. They offer pretend empathy, convincingly performed but fundamentally hollow.

Joshua Barbeau, a freelance writer from a Toronto suburb, became one of the most widely discussed early users of grief technology when he used Project December to create a chatbot modelled on his girlfriend, Jessica Pereira, who had died eight years earlier from a rare liver disorder. Barbeau fed the system passages from her social media and described her personality in detail. The resulting conversations gave him what he described as a sense of catharsis and closure he had not known he still needed. He compared the experience to a therapeutic exercise he had learnt in therapy: writing letters to loved ones after their death. But the experience also illustrated a tension that psychologists have since identified more formally: the chatbot helped, but it also made it harder to move on. The phenomenon has been described as “frozen grief,” a state in which the simulation prevents the normal progression from acute loss toward acceptance.

Researchers caution that it is still too early to be certain what risks and benefits digital ghosts pose. As the Nature article noted, “researchers simply don't know what effects this kind of AI can have on people with different personality types, grief experiences and cultures.” The few studies that exist are small, and the long-term effects remain entirely unknown. What is known is that grieving individuals may not be able to make fully autonomous decisions about these technologies. Emotions cloud judgement during vulnerable times, and grief may impair an individual's ability to think clearly about whether a deadbot is helping or hindering their recovery.

The Consent Problem No One Solved

There is another question embedded in the deadbot phenomenon, one that receives less attention than the psychological risks but may ultimately prove more consequential: who speaks for the dead?

Most people do not leave behind specific instructions about whether their likeness, voice, or digital footprint can be used to create a posthumous simulation. In a US survey, 58 per cent of respondents said they would support digital resurrection only if the deceased had explicitly consented. Acceptance plummeted to 3 per cent when consent was absent. Yet most digital resurrections proceed without explicit permission from the person being simulated, because that person was, self-evidently, not anticipating the technology.

The legal landscape is threadbare. In the United States, no federal framework governs AI-powered simulations of the deceased. Some states are debating digital asset succession bills that could mandate explicit opt-in for simulation, and legal scholars have proposed a dedicated Digital Legacy Act to cover the storage, transfer, and deletion of post-mortem data. But these proposals remain fragmented and largely theoretical. The gap between what is technically possible and what is legally governed continues to widen with each new platform launch and each new patent filing.

Cambridge researchers Tomasz Hollanek and Katarzyna Nowaczyk-Basinska, whose 2024 paper “Griefbots, Deadbots, Postmortem Avatars” was published in the journal Philosophy and Technology, framed the consent problem through three distinct stakeholder perspectives. There is the “data donor,” the person whose digital traces become the raw material of the bot. There is the “data recipient,” the next of kin or estate holder who inherits access to that material. And there is the “service interactant,” the person who actually talks to the deadbot. Each has different needs, different vulnerabilities, and different rights. The current regulatory vacuum treats all three as if they were one, or as if none of them matter.

Hollanek, who serves as an Assistant Research Professor at the Leverhulme Centre for the Future of Intelligence at Cambridge, has pointed out that the absence of safeguards leads to concrete, foreseeable harm. A deadbot trained on a grandmother's data could be used to surreptitiously advertise products to family members, speaking in her voice, leveraging the trust built over a lifetime. A deadbot of a dead parent could be presented to a child, insisting that the parent is still “with you,” creating confusion about the boundary between life and death at a developmental stage when that distinction is still being formed. A deceased person who signed a lengthy contract with a digital afterlife service might bind their surviving family to ongoing interactions they never wanted and cannot easily terminate.

The consent of the living matters too. Hollanek and Nowaczyk-Basinska recommended that digital afterlife companies adhere to the principle of “mutual consent,” requiring agreement from both the data donor and the service interactant. They also proposed age restrictions, meaningful transparency to ensure users always know they are interacting with an AI, and sensitive procedures for “retiring” deadbots, essentially, a protocol for a second death. They even suggested the concept of a “digital funeral,” a formal endpoint that gives mourners permission to let go.

Christianity Today, in its March/April 2026 issue, framed the consent problem in theological terms. The article, titled “AI Necromancy Impersonates the Dead,” argued that the technology creates “a persistent presence with the bereaved that's not based in reality, not based in truth.” From this perspective, the consent problem is not merely legal or ethical but spiritual: the dead have been given a voice they did not choose, speaking words they never said, in a mode of existence they never consented to inhabit. The article featured stories of people who ultimately turned away from griefbots, finding that the simulated presence interfered with, rather than supported, their capacity to grieve authentically.

Where Grief Becomes a Market

The business dynamics of the digital afterlife industry deserve their own scrutiny. These are not non-profit grief support services. They are companies, and companies need revenue.

You, Only Virtual, according to reporting by The Atlantic's Charley Burlock, has explored making non-paying users sit through advertisements before interacting with their dead loved one's Versona. YOV's founder Justin Harrison has also considered integrating a marketing system into the interactions directly, having the bots deliver targeted advertisements in the midst of conversations with simulated versions of the deceased. The prospect of hearing your dead father recommend a brand of insurance, in his own voice, with his own turns of phrase, should be enough to give anyone pause.

The subscription model creates its own perverse incentives. A company that makes money when users continue to interact with a deadbot has a financial interest in users not completing their grief process. The longer someone stays engaged, the longer they pay. Recovery is, from a business standpoint, churn. Cambridge researchers have warned specifically about this dynamic: that the digital afterlife industry could exploit grief for profit by charging subscription fees to keep deadbots active, inserting ads, or having avatars push sponsored products.

Charley Burlock, writing eleven years after the death of her brother, argued in The Atlantic that deadbots “give us the fantasy that we can maintain an external relationship with the deceased,” and noted that companies like Meta will be able to use the “traumatising experience of grief to gather data that can be used for their own financial gain.” The digital afterlife industry, she wrote, raises the question of how such a product might shift our experience of “personal grief and collective memory.”

The concern is not that all grief technology companies are cynical. Some founders, like Harrison, began their projects from genuine personal loss. But the structural incentives of the subscription economy do not reward healing. They reward dependence. And grief, by its nature, creates the perfect conditions for dependence: emotional vulnerability, impaired judgement, a desperate wish for the unbearable to stop being true.

The Finality That Gave Life Weight

But the economics of grief technology are only part of the picture. Beneath the business models and patent filings, there is a philosophical dimension that touches the very architecture of human meaning.

Death has, throughout human history, functioned as more than a biological event. It is a meaning-making boundary. The finality of death is what gives weight to the choices we make while alive. It is why we tell people we love them now rather than later. It is why we try to resolve conflicts before it is too late. It is why forgiveness carries urgency, why time spent together matters, why the last conversation is always the one you remember.

The philosopher Martin Heidegger gave this idea its most formal expression: “Being-toward-death,” the notion that an authentic human existence is structured by the awareness that we will die. This awareness is not a morbid preoccupation but the very thing that makes meaning possible. Remove the finality of death, even partially, even as a convincing simulation, and you do not simply ease grief. You alter the conditions under which human relationships are formed and maintained.

If my mother can text me after she dies, what does it mean that she texted me while she was alive? If the voice on the phone is indistinguishable from the voice I remember, what is the voice I remember? If the dead can keep talking, what does it mean to have the last word?

These are not rhetorical flourishes. They are practical questions about what happens to human psychology and social organisation when the boundary between life and death becomes a design choice.

Continuing bonds theory, developed by Dennis Klass, Phyllis Silverman, and Steven Nickman, has long recognised that maintaining a relationship with the deceased is a normal and healthy part of grieving. But the relationship it describes is internal: the dead person lives on as a sustaining presence within the mourner, a voice in memory, a set of values carried forward, a way of seeing the world that has been permanently shaped by knowing them. Deadbots externalise this. They replace the internal presence with an external simulation. And in doing so, they may prevent the very process they claim to support.

The cultural dimension matters too. Different societies mourn differently, and the Western technology sector's assumption that grief is a problem to be optimised reflects a particular, and particularly narrow, view of what death means. In many traditions, the rituals surrounding death serve a communal function: they gather people together, they mark time, they create shared meaning out of private anguish. A deadbot is a solitary technology. You use it alone, on your phone, in your kitchen at three in the morning. It does not gather anyone. It does not mark time. It replaces the communal work of mourning with a private, endlessly repeatable transaction.

Regulation in the Absence of Consensus

The policy vacuum surrounding deadbots reflects a broader failure to anticipate the social consequences of generative AI. The technology arrived faster than the ethical frameworks needed to govern it, and the people most affected by it, the bereaved, are precisely those least equipped to advocate for themselves.

Hollanek and Nowaczyk-Basinska have recommended that deadbots be classified as medical devices, given their potential impact on mental health, particularly for vulnerable populations such as children and people with prolonged grief disorder. This would subject them to regulatory oversight, clinical testing, and safety standards that currently do not apply. Other scholars have proposed digital legacy legislation that would establish clear rules about posthumous data use, including mandatory opt-in provisions, sunset clauses that automatically deactivate deadbots after a specified period, and independent ethical review boards.

None of these proposals has been enacted. The industry continues to grow in a space where the rules are being written, if they are being written at all, by the companies that profit from the absence of rules.

Meanwhile, millions of people are talking to the dead. Some of them are finding comfort. Some of them are finding something else, something harder to name, a kind of liminal disorientation in which the person they loved is simultaneously gone and present, dead and speaking, lost and available for a monthly fee.

Living with Simulated Permanence

The question that runs beneath all of this is not whether deadbots should exist. They already do, and they are not going away. The question is whether we are prepared for what they will do to us, and whether “us” includes the dead.

Sherry Turkle has observed that people sometimes feel less vulnerable talking to machines than to other humans, and that enthusiasm for artificial intimacy often reflects disappointment with the human kind. Deadbots take this dynamic to its logical extreme. They offer a relationship with no risk of rejection, no possibility of disagreement, no chance that the other person will say something you do not want to hear. They are, in the most literal sense, controllable. And a controllable relationship with a dead person is not a relationship with a dead person. It is a relationship with yourself, reflected back through the distorting mirror of an algorithm.

Consider what a deadbot cannot do. It cannot surprise you. It cannot grow. It cannot change its mind, because it never had one. It cannot forgive you, because forgiveness requires a self that has been wronged. It cannot love you, because love requires a body, a history, a mortality that gives every gesture its weight. What it can do is produce a convincing facsimile of all these things, and therein lies the danger: not that the simulation is too poor, but that it is too good. Good enough to keep you coming back. Good enough to make the real thing seem, by comparison, inadequate. Good enough to make you forget, for a moment, that the person you are talking to is not a person at all.

The people who make these products are not, for the most part, villains. Many of them have lost someone. Many of them genuinely believe that technology can ease suffering. But the road from genuine intention to structural harm is well-worn in the technology industry, and the digital afterlife sector is following it with eerie precision: a real human need, a technical solution, a business model that rewards engagement over wellbeing, a regulatory vacuum, and a population too vulnerable to push back.

Death is not a design problem. It is the condition that gives design, and everything else, its meaning. The grief that follows it is not a bug to be fixed but a process through which we become the people who survive. Deadbots do not eliminate that grief. They suspend it, holding us in a space where loss is neither confronted nor accepted, where the dead are neither gone nor present, where mourning never quite begins and never quite ends.

Somewhere, someone's mother is texting them good morning. The exclamation marks are exactly right. And the person receiving those messages knows, at some level they may never fully articulate, that the comfort they feel is not the same as healing. That knowing is, perhaps, the last honest thing that grief has left to offer us.

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References and Sources

1. Charley Burlock, “Can Deadbots Make Grief Obsolete?”, The Atlantic, February 2026.

2. Christianity Today, “AI Necromancy Impersonates the Dead,” March/April 2026 issue.

3. Meta Platforms patent for AI social media simulation, US Patent granted 30 December 2025, filed November 2023. Reported by Fortune, 3 March 2026; Fast Company, February 2026; Futurism, February 2026; TechSpot, February 2026.

4. Tomasz Hollanek and Katarzyna Nowaczyk-Basinska, “Griefbots, Deadbots, Postmortem Avatars: on Responsible Applications of Generative AI in the Digital Afterlife Industry,” Philosophy and Technology, Springer Nature, 2024.

5. University of Cambridge press release, “Call for safeguards to prevent unwanted 'hauntings' by AI chatbots of dead loved ones,” May 2024.

6. “Ready or not, the digital afterlife is here,” Nature, 15 September 2025.

7. Alan Wolfelt interview, “AI 'Griefbots' Resurrect Dead Loved Ones: Healthy or Harmful?“, Medscape, 2025.

8. Sherry Turkle, comments on deadbots and artificial intimacy, NPR interview, 2024; MIT News, 2024.

9. Margaret Stroebe and Henk Schut, “The dual process model of coping with bereavement: rationale and description,” Death Studies, 1999.

10. Dennis Klass, Phyllis Silverman, and Steven Nickman, “Continuing Bonds: New Understandings of Grief,” Taylor and Francis, 1996.

11. Joshua Barbeau and Project December, reported by San Francisco Chronicle (Jason Fagone), 2021; WBUR Endless Thread, 2022.

12. “Eternal You” documentary, directed by Hans Block and Moritz Riesewieck, Sundance Film Festival, 2024. Reviewed by Rolling Stone, DOC NYC, Film Movement.

13. ACM Conference on Human Factors in Computing Systems, study on griefbot users, Proceedings, 2023.

14. Zion Market Research, Digital Legacy Market report, 2024. Market valued at approximately $22.46 billion in 2024.

15. You, Only Virtual (YOV), founded by Justin Harrison, reported by Inverse, The Atlantic, StartEngine, Nature.

16. Eternos, AI digital twins platform, reported by Fortune (June 2024), Fox News, and multiple technology publications.

17. David Berreby, “Can AI 'Griefbots' Help Us Heal?”, Scientific American, November 2025.

18. US survey on consent for digital resurrection, reported by IP.com and The Conversation, 2025-2026.

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

Discuss...

Bhuvana Chilukuri has applied to more than a hundred jobs. She is a 20-year-old third-year business student at Queen Mary University of London, articulate and qualified, and she has not received a single offer. In several instances her applications were rejected within minutes, far too quickly for any human being to have read her CV, let alone assessed her suitability. The initial stages of hiring, she told the BBC in March 2026, are increasingly handled by AI tools that screen CVs and, in some cases, conduct entirely automated video interviews. The experience, she said, feels impersonal and mechanical, a process that strips away any chance to convey personality or demonstrate the kinds of qualities that do not fit neatly into a keyword match.

Chilukuri is not an outlier. She is a data point in a pattern so large it has become invisible through sheer repetition. Denis Machuel, chief executive of the Adecco Group, one of the world's largest recruitment firms, confirmed the broader dynamic to the BBC: job vacancies have declined from post-pandemic highs, and candidates now routinely submit hundreds of applications to secure a single offer. AI enables companies to process larger candidate pools at speed, but the consequence is an ever-growing population of unsuccessful applicants and a mounting sense of futility among those looking for work. A Collins McNicholas survey published in 2025 found that 75 per cent of job seekers believe AI unfairly filters their applications, while 74 per cent described automated rejection emails as impersonal and dismissive. A Resume Genius survey of 1,000 hiring managers, published in early 2026, found that 79 per cent of companies now use AI somewhere in their hiring or recruiting process, and one in five hiring managers admitted to using AI to screen out applications before they receive any human review at all.

The scale of the filtering is staggering. Research published in early 2026 indicates that more than 90 per cent of employers now use some form of automated system to filter or rank job applications, and that 88 per cent employ AI for initial candidate screening. For every 180 people who apply for a given role, roughly five get an interview. Of those, one or two are hired. The rest vanish into a void that most of them suspect, correctly, is algorithmic. Forty per cent of job applications are now screened out before a human recruiter ever reviews them. An analysis of 1,000 rejected resumes found that 23 per cent of rejections were caused by parsing errors alone: the applicant tracking system could not read the resume correctly because of tables, columns, graphics, or unusual file formats. These are not candidates who were unqualified. They were candidates whose documents confused a machine.

The question is no longer whether algorithms are making consequential decisions about people's working lives. They are. The question is whether anyone, the candidates, the employers, or the regulators, can explain how those decisions are being made, and what it would take to make the system fair.

The Invisible Dossier

On 21 January 2026, two job applicants named Erin Kistler and Sruti Bhaumik filed a class-action lawsuit against Eightfold AI Inc. in California. Both have backgrounds in STEM. Both had applied for positions at major companies through online portals whose URLs contained “eightfold.ai,” a detail neither noticed at the time. Neither had any idea that a company called Eightfold existed, let alone that it was compiling what the lawsuit describes as secret consumer reports on their candidacy.

Eightfold's technology operates behind the application portals of some of the world's largest employers, including Microsoft, Morgan Stanley, Starbucks, BNY, PayPal, Chevron, and Bayer. According to the complaint, filed by the law firms Outten and Golden and Towards Justice, the platform scrapes personal data from third-party sources and runs it through a proprietary large language model to generate a “likelihood of success” score on a scale of zero to five. The system draws on what Eightfold describes as more than 1.5 billion global data points, including profiles of over one billion workers, and makes inferences about applicants' preferences, characteristics, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes. Applicants receive no disclosure that the report exists. They have no access to it. They have no opportunity to dispute errors. And they receive no notice before the information is used to make what the complaint calls “life-altering employment decisions.”

“I've applied to hundreds of jobs, but it feels like an unseen force is stopping me,” Kistler said in a statement released through her legal team. David Seligman, an attorney with Towards Justice, was more direct: “AI systems like Eightfold's are making life-altering decisions.”

The lawsuit alleges that Eightfold's scoring system constitutes a consumer report under the Fair Credit Reporting Act and California's Investigative Consumer Reporting Agencies Act. The argument is straightforward: if a third-party company compiles a dossier about you, scores your fitness for employment, and sells that assessment to employers who use it to accept or reject your application, the resulting product is functionally identical to a credit report. And credit reports come with legal protections that have governed the industry for decades: the right to know a report exists, the right to see it, the right to challenge inaccuracies, and the right to be notified before adverse action is taken on the basis of the report's contents. Eightfold, according to the complaint, provides none of these protections.

Eightfold's spokesperson, Kurt Foeller, told Fortune that the company “does not scrape social media” and operates only on data that applicants have intentionally shared. The plaintiffs dispute this characterisation. Pauline Kim, the Daniel Noyes Kirby Professor of Law at Washington University School of Law, told Fortune that the case represents the first major instance of the Fair Credit Reporting Act being applied specifically to AI decision-making in hiring, a development that could reshape how companies deploy screening technologies.

The lawsuit arrives at a moment of acute regulatory uncertainty. In October 2024, the Consumer Financial Protection Bureau published a circular stating explicitly that algorithmic employment scores are covered by the Fair Credit Reporting Act. The guidance was designed to close the gap between decades-old consumer protection law and the realities of automated hiring. It was rescinded in May 2025, part of a broader withdrawal of 67 guidance documents under the direction of acting CFPB director Russell T. Vought. The legal framework that might have governed companies like Eightfold was erected and demolished within seven months.

Kim has noted in her academic work that the Fair Credit Reporting Act, even when applied to AI hiring tools, provides only limited transparency. It establishes procedural requirements that can help individual workers challenge inaccurate information, but does little to curb intrusive data collection or to address the risks of unfair or discriminatory algorithms. The statute was written for an era of filing cabinets and background checks. The technology it is now being asked to regulate operates at a scale and speed that its authors never imagined.

When the Machine Measures the Wrong Thing

On 8 April 2026, researchers Rudra Jadhav and Janhavi Danve posted a paper on arXiv titled “The AI Skills Shift: Mapping Skill Obsolescence, Emergence, and Transition Pathways in the LLM Era.” The paper introduces a metric called the Skill Automation Feasibility Index, or SAFI, which benchmarks four frontier large language models across 263 text-based tasks spanning all 35 skills in the US Department of Labor's O*NET taxonomy. The researchers conducted 1,052 model calls with a zero per cent failure rate and cross-referenced their findings against real-world adoption data covering 756 occupations and 17,998 tasks.

The findings reveal a paradox that sits at the heart of AI-driven hiring. Mathematics received the highest automation feasibility score at 73.2, followed by programming at 71.8. Active listening scored 42.2. Reading comprehension scored 45.5. The spread across all four models tested was just 3.6 points, suggesting that automation feasibility is more a property of the skill itself than of the model being used to perform it. The skills that are easiest for large language models to automate are precisely the ones that automated screening tools most readily evaluate: quantifiable, keyword-friendly competencies that map neatly onto a resume. The skills that are hardest for machines to replicate, and that the research identifies as most critical for human value in the LLM era, are the ones that screening algorithms are least equipped to detect.

The researchers call this the “capability-demand inversion.” Skills most demanded in AI-exposed jobs are those that large language models perform least well at in their benchmarks. In other words, the qualities that will matter most in a labour market reshaped by AI are the very qualities that AI hiring tools are structurally unable to assess. The paper found that 78.7 per cent of observed AI interactions in the workplace are augmentation rather than automation, which means the primary role of AI in most jobs is to assist human workers, not to replace them. The skills required to work effectively alongside AI, adaptability, judgement, interpersonal sensitivity, creative problem-solving, are real but largely invisible to a resume-parsing algorithm.

The researchers propose an AI Impact Matrix that positions skills along four quadrants: high displacement risk, upskilling required, AI-augmented, and lower displacement risk. The framework makes visible what most hiring algorithms treat as noise. A candidate whose strongest assets are collaborative reasoning and contextual judgement will generate a weak signal in a system calibrated to detect certifications and years of experience. The matrix suggests that the skills most likely to determine career success in the coming decade are precisely the skills that current screening tools are designed to ignore.

This creates an absurd circularity. The tools being used to decide who gets hired are optimised to evaluate the competencies most likely to be automated, while systematically failing to measure the competencies most likely to determine whether a candidate will succeed. A screening system that rewards keyword density in programming languages or certifications in statistical software is not measuring the thing it thinks it is measuring. It is measuring a candidate's ability to format a CV in a way that satisfies an algorithm. The correlation between that skill and actual job performance is, at best, weak.

Industrial-organisational psychology has long understood this problem. Research on structured interviews, one of the most replicated findings in the field, shows that fully structured behavioural interviews with standardised questions achieve a predictive validity coefficient of approximately 0.55 or higher, while unstructured interviews, the kind most commonly used in hiring, achieve roughly 0.38. The implication is clear: even among traditional hiring methods, the format of the assessment matters as much as the content. An AI screening tool that evaluates candidates on the basis of keyword frequency and experience duration is applying a methodology with no established predictive validity for job performance. It is a tool built to sort, not to select.

The Scale of the Sorting

The numbers are difficult to absorb. Workday, the cloud-based human resources platform, disclosed in court filings related to a separate class-action lawsuit that 1.1 billion applications were rejected using its software tools during the relevant period. The plaintiff in that case, Derek Mobley, is a Black man over the age of 40 who identifies as having anxiety and depression. He applied to more than a hundred jobs at companies that use Workday's AI-based screening tools over several years and was rejected every time. Four additional plaintiffs later joined the case, each alleging a similar pattern: hundreds of applications submitted through Workday, virtually no interviews, and no explanation.

In May 2025, a federal judge in California granted conditional certification of age discrimination claims under the Age Discrimination in Employment Act, allowing the case to proceed as a nationwide class action. The potential class includes every applicant aged 40 and over who, from September 2020 to the present, applied through Workday's platform and was not advanced by the AI tool. That class could number in the hundreds of millions. In July 2025, the same judge expanded the scope to include applicants processed using HiredScore, an AI feature Workday had acquired, broadening the potential membership still further. Workday has denied that its technology is discriminatory, calling the certification ruling “a preliminary, procedural ruling that relies on allegations, not evidence.”

The Eightfold and Workday cases together paint a picture of an infrastructure that is vast, consequential, and almost entirely opaque. These are not niche products used by a handful of companies. They are the plumbing of the modern labour market. When a significant portion of the world's job applications passes through systems that score, rank, and reject candidates without disclosure, human review, or any mechanism for appeal, the word “screening” barely captures what is happening. What is happening is automated adjudication. And the adjudicators are accountable to no one.

The hiring managers who rely on these tools are often unaware of how they work. The UK's Information Commissioner's Office published a report on 31 March 2026, drawing on evidence from more than 30 employers and public perception research from graduates, civil society organisations, government bodies, trade unions, and industry representatives. The report identified a striking pattern: many employers fail to recognise that they are using automated decision-making at all. They purchase recruitment software, configure basic settings, and assume a human is reviewing the output. In many cases, the system is making the decision, and the human involvement that follows is little more than a rubber stamp. The ICO's report stressed that human involvement in hiring must be “active and genuine,” that the personnel reviewing AI-generated recommendations must possess the authority, discretion, and competence to alter outcomes before decisions take effect. The gap between that standard and current practice is wide.

A November 2025 study from the University of Washington added a further complication. The researchers found that people tend to mirror the biases of AI systems they work alongside. When participants were exposed to AI-generated hiring recommendations that contained bias, they did not correct for the bias. They absorbed it. Unless the bias was obvious and egregious, participants were, in the researchers' words, “perfectly willing to accept the AI's biases.” This finding undermines one of the central defences offered by companies that deploy AI screening: the claim that a human is always in the loop. If the human in the loop is unconsciously adopting the biases of the algorithm they are supposed to be overseeing, the oversight is illusory.

What Explainability Actually Requires

The word “explainability” has become a kind of talisman in conversations about AI governance, invoked as though its mere presence in a policy document could resolve the tensions it names. In the context of AI hiring, explainability means something very specific, and very difficult.

At its most basic, explainability requires that a candidate who has been rejected by an algorithmic system can receive an answer to the question: why? Not a generic notification. Not a form email. An answer that identifies the specific factors that led to the rejection, the data that was used, the criteria that were applied, and the weight that each criterion received in the final decision. It requires, in other words, that the system be legible to the person it has affected.

This is not a trivial technical problem. Many modern AI screening systems use large language models or deep neural networks whose internal decision processes are not fully interpretable even to their developers. The term “black box” is sometimes used carelessly, but in this context it is technically accurate. Eightfold's platform runs on a proprietary large language model that analyses 1.5 billion data points. The relationship between any individual input and the resulting score is not reducible to a simple explanation. The system does not apply a checklist. It makes inferences across a latent space of features that no human designed and no human can fully map.

Hilke Schellmann, an Emmy-award-winning investigative journalist and professor at New York University, spent years investigating AI hiring tools for her 2024 book “The Algorithm: How AI Decides Who Gets Hired, Monitored, Promoted, and Fired and Why We Need to Fight Back Now,” named a Financial Times Best Book of the Year. Her reporting revealed that many of the algorithms making high-stakes calculations about candidates do more harm than good, and that AI-based hiring tools have not been shown to be more effective than traditional methods at predicting job performance. Through whistleblower accounts and leaked internal documents, Schellmann documented systemic discrimination against women and people of colour, patterns that the tools' developers often could not explain because the systems were not built for explanation. They were built for throughput.

The European Union's AI Act, which classifies AI systems used in employment decisions as “high-risk,” will begin enforcing its core requirements for such systems in August 2026. Under the Act, employers using AI in hiring will be required to conduct rigorous risk assessments and bias testing, maintain detailed technical documentation explaining how the AI works, implement human oversight mechanisms to prevent automated decisions from going unchecked, and register the system in an EU database before deployment. Violations can attract fines of up to 35 million euros or seven per cent of global annual turnover. The regulation represents the most comprehensive attempt anywhere in the world to bring algorithmic hiring under meaningful legal constraint.

But even the EU AI Act does not fully resolve the explainability problem. It mandates transparency and documentation, but it does not require that employers provide individual candidates with a specific explanation of why they were rejected. The regulation focuses on systemic accountability: are you testing for bias? Are you documenting your processes? Are your human overseers genuinely overseeing? These are necessary conditions for a fair system, but they are not sufficient for an explainable one. A candidate in Berlin who is rejected by an AI tool used by a company complying fully with the AI Act may still have no way to understand why.

The Patchwork Below the Atlantic

In the United States, the regulatory landscape is not merely incomplete. It is contradictory. New York City's Local Law 144, which took effect in July 2023, requires employers using automated employment decision tools to conduct annual bias audits and to notify candidates that AI is being used. The law covers all AI-based tools relating to employment, including resume screening software, personality tests, and skill assessments, and it requires that audits examine whether the tools are treating different groups of people fairly with regard to race, ethnicity, and gender. Illinois amended its Human Rights Act through House Bill 3773, effective January 2026, making it unlawful for employers to use artificial intelligence that has the effect of discriminating on the basis of protected characteristics. The earlier Illinois AI Video Interview Act, effective since January 2020, had already required employer notification and consent when AI is used to analyse video interviews. Colorado's AI Act, signed in 2024, imposes obligations on deployers of high-risk AI systems, including those used in hiring.

These laws represent genuine progress, but they share a common limitation: they are state and local measures in a labour market that operates nationally and globally. A company headquartered in Texas that uses Eightfold or Workday to screen candidates across all 50 states is subject to a patchwork of obligations that varies by jurisdiction. A candidate in Colorado has different rights from a candidate in Florida. A candidate applying through a portal in London is subject to UK data protection law and the Data (Use and Access) Act's reformed provisions on automated decision-making, but the AI tool processing her application may be operated by a company in California, trained on data from LinkedIn profiles worldwide, and governed by the terms of service of a cloud computing provider in Virginia.

The CFPB's withdrawn guidance on algorithmic employment scores illustrates the fragility of the American regulatory approach. For seven months in 2024 and 2025, there was a federal-level interpretation that would have required companies like Eightfold to comply with FCRA disclosure requirements. When that interpretation was rescinded, the obligation evaporated. The Eightfold lawsuit now asks a court to make the same determination that the CFPB made and then unmade: that algorithmic hiring scores are consumer reports. If the court agrees, the result will be a judicial precedent rather than a regulatory framework, binding on the parties but leaving the broader industry to wait for further litigation to clarify the rules.

The Architecture of a Fair System

What would a fair AI hiring system actually require? The question is easier to pose than to answer, but the outlines of an answer are visible in the research, the litigation, and the regulatory experiments now underway.

First, disclosure. Every candidate should know, before they submit an application, that an automated system will be involved in evaluating it. They should know the name of the system, the categories of data it will use, and the general logic by which it makes its assessments. This is not a radical proposition. It is the minimum standard that the Fair Credit Reporting Act has required of credit bureaus since 1970. The fact that it does not yet apply consistently to AI hiring tools is a regulatory failure, not a technical impossibility.

Second, access and correction. Every candidate who is rejected by an AI system should have the right to see the data the system held about them and to challenge inaccuracies. The Eightfold lawsuit alleges that the company generates detailed dossiers about applicants without their knowledge and provides no mechanism for correction. If the allegations are proved, the gap between what the law requires and what the industry practises is not a matter of degree. It is a matter of kind.

Third, validated assessments. The ArXiv research by Jadhav and Danve demonstrates that current AI screening tools evaluate competencies that do not align with the skills most predictive of job performance in the LLM era. A fair system would require that any automated assessment used in hiring decisions be validated against actual job performance outcomes, not merely against the proxy metrics that the system was designed to optimise. Industrial-organisational psychology has established rigorous standards for assessment validation. There is no principled reason why AI screening tools should be exempt from those standards.

Fourth, meaningful human oversight. The ICO's March 2026 report found that many employers do not recognise they are using automated decision-making and that the human involvement in their processes is often nominal. The University of Washington study found that even when humans are present, they tend to absorb rather than correct algorithmic bias. Meaningful oversight requires that the person reviewing an AI recommendation has the authority, training, and information necessary to overrule it. It requires that overruling the algorithm carries no professional penalty. And it requires that the proportion of AI recommendations that are actually reviewed and challenged is itself monitored and reported.

Fifth, independent auditing. New York City's Local Law 144 requires annual bias audits of automated employment decision tools. This is a starting point, but the audits must be genuinely independent, conducted by parties with no financial relationship to the tool's developer or the employer, and the results must be public. An audit that is commissioned by the company being audited, conducted according to the company's own methodology, and published only in summary form is not an audit. It is a press release.

Sixth, regulatory coherence. The current patchwork of state, local, and national regulations creates an environment in which compliance is burdensome for employers who take it seriously and easily evaded by those who do not. The EU AI Act represents one model for a comprehensive approach. The United States does not need to replicate the EU's framework precisely, but it does need a federal standard that establishes minimum requirements for disclosure, validation, human oversight, and auditing. The alternative is an indefinite extension of the current system, in which the rights of a job applicant depend on the jurisdiction in which they happen to live.

The Human Cost of Optimisation

There is a tendency in conversations about AI hiring to frame the problem as a matter of efficiency versus fairness, as though the two are naturally in tension and the task is to find an acceptable compromise. The framing is misleading. A system that rejects qualified candidates because it cannot evaluate the competencies that matter is not efficient. It is wasteful. A system that scores applicants using data they have never seen and cannot correct is not streamlined. It is arbitrary. A system that makes consequential decisions about people's lives without any mechanism for explanation or appeal is not optimised. It is unjust.

The experience of job seekers like Bhuvana Chilukuri and Erin Kistler and Derek Mobley is not a side effect of technological progress. It is a design choice. The companies that build and deploy these systems chose speed over accuracy, throughput over fairness, and opacity over accountability. Those choices were not inevitable. They were made because they were profitable and because, until very recently, they were legal. A 2025 survey found that 69 per cent of candidates said a lack of human interaction would deter them from joining an organisation, and 54 per cent wanted employers to maintain a human touch in hiring. The tools that were supposed to make hiring more efficient are driving away the talent they were meant to attract.

The BBC's reporting, the Eightfold and Workday lawsuits, the ArXiv research on skill obsolescence, and the ICO's findings all converge on the same conclusion: the first and most decisive moment in a person's working life is now frequently decided by a system that neither they nor most employers can interrogate. That is not a technical problem waiting for a better algorithm. It is a governance failure waiting for a political response. The technology exists to build hiring systems that are transparent, validated, and subject to meaningful oversight. What is missing is the will to require it.

The machinery is already in motion. The EU AI Act's high-risk provisions take effect in August 2026. The Eightfold and Workday cases will set precedents in American courts. The ICO is consulting on new guidance until 29 May 2026. Legislators in Illinois, Colorado, and New York have demonstrated that it is possible to regulate AI in hiring without banning it. The question is whether these efforts will coalesce into a coherent framework before a generation of workers is sorted, scored, and discarded by systems that no one can explain.

The algorithms are not going away. The only remaining question is whether the people they judge will ever be allowed to judge them back.

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References and Sources

1. BBC report on AI-led hiring in the UK, featuring Bhuvana Chilukuri's experience and Denis Machuel's comments on the job market, March 2026. https://www.storyboard18.com/trending/student-warns-ai-led-hiring-in-uk-causes-impersonal-rejections-ws-l-92877.htm

2. Collins McNicholas survey on candidate experiences with AI in recruitment, 2025. https://www.peoplemanagement.co.uk/article/1940958/jobseekers-fear-ai-unfairly-screening-applications-research-finds

3. Resume Genius, “2026 Hiring Insights Report: ATS, AI, and Employer Expectations,” survey of 1,000 US hiring managers, 2026. https://resumegenius.com/blog/job-hunting/hiring-insights-report

4. CoverSentry, “ATS Statistics 2026: Why Your Resume Disappears Into the Void,” analysis of AI screening rejection rates and parsing errors. https://www.coversentry.com/ats-statistics

5. Kistler and Bhaumik v. Eightfold AI Inc., class-action complaint filed 21 January 2026, Outten and Golden LLP and Towards Justice. https://www.outtengolden.com/newsroom/landmark-class-action-accuses-eightfold-ai-of-illegally-producing-hidden-credit-reports-on-job-applicants

6. Fortune, “Job seekers are suing an AI hiring tool used by Microsoft and PayPal for allegedly compiling secretive reports that help employers screen candidates,” 26 January 2026. https://fortune.com/2026/01/26/job-seekers-suing-ai-hiring-tool-eightfold-allegedly-compiling-secretive-reports/

7. Consumer Financial Protection Bureau, “Consumer Financial Protection Circular 2024-06: Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions,” October 2024. https://www.consumerfinance.gov/compliance/circulars/consumer-financial-protection-circular-2024-06-background-dossiers-and-algorithmic-scores-for-hiring-promotion-and-other-employment-decisions/

8. Consumer Financial Services Law Monitor, “CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift,” May 2025. https://www.consumerfinancialserviceslawmonitor.com/2025/05/cfpb-rescinds-dozens-of-regulatory-guidance-documents-in-major-regulatory-shift/

9. Pauline Kim, “People Analytics and the Regulation of Information Under the Fair Credit Reporting Act,” Washington University School of Law. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2809910

10. Jadhav, Rudra, and Janhavi Danve, “The AI Skills Shift: Mapping Skill Obsolescence, Emergence, and Transition Pathways in the LLM Era,” arXiv:2604.06906, 8 April 2026. https://arxiv.org/abs/2604.06906

11. Mobley v. Workday, Inc., US District Court for the Northern District of California, class-action complaint alleging age and race discrimination through AI-based screening. https://fairnow.ai/workday-lawsuit-resume-screening/

12. Law and the Workplace, “AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim,” June 2025. https://www.lawandtheworkplace.com/2025/06/ai-bias-lawsuit-against-workday-reaches-next-stage-as-court-grants-conditional-certification-of-adea-claim/

13. Information Commissioner's Office, “Recruitment Rewired: An Update on the ICO's Work on the Fair and Responsible Use of Automation in Recruitment,” 31 March 2026. https://ico.org.uk/about-the-ico/what-we-do/recruitment-rewired/

14. University of Washington, “People mirror AI systems' hiring biases, study finds,” November 2025. https://www.washington.edu/news/2025/11/10/people-mirror-ai-systems-hiring-biases-study-finds/

15. Schellmann, Hilke, “The Algorithm: How AI Decides Who Gets Hired, Monitored, Promoted, and Fired and Why We Need to Fight Back Now,” Hachette Books, 2024. https://www.hachettebookgroup.com/titles/hilke-schellmann/the-algorithm/9780306827365/

16. European Commission, “AI Act: Shaping Europe's Digital Future,” regulatory framework for artificial intelligence. https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai

17. New York City Local Law 144 on Automated Employment Decision Tools, effective July 2023. https://www.warden-ai.com/resources/hr-tech-compliance-nyc-local-law-144

18. Illinois House Bill 3773, amendment to the Illinois Human Rights Act regarding AI in employment decisions, effective January 2026. https://www.theemployerreport.com/2024/08/illinois-joins-colorado-and-nyc-in-restricting-generative-ai-in-hr-a-comprehensive-look-at-us-and-global-laws-on-algorithmic-bias-in-the-workplace/

19. Pauline Kim, testimony before the US Equal Employment Opportunity Commission, “Navigating Employment Discrimination, AI, and Automated Systems,” January 2023. https://www.eeoc.gov/meetings/meeting-january-31-2023-navigating-employment-discrimination-ai-and-automated-systems-new/kim

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Tim Green UK-based Systems Theorist & Independent Technology Writer

Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.

His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.

ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk

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