1. Automation of judgment and competence: ethics, law, and the future of work in the age of AI according to Brad Smith

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3. The article analyzes a fundamental shift in the technological paradigm: the transition from automating simple tasks to the automation of human judgment. The author posits that delegating normative decisions (e.g., in medicine, law, or finance) to probabilistic systems is not a technical problem, but a deeply political and ethical one, as every algorithm encodes specific values and risks. In the face of phenomena such as 'automation bias' and the erosion of the middle class, the text advocates for the necessity of transforming soft ethical postulates into hard legal frameworks (e.g., the AI Act) and an institutional infrastructure of accountability. A key element of this strategy is the restructuring of education: schools must stop being providers of information and become guarantors of cognitive security. Only through the development of metacognition and the preservation of factual knowledge as a scaffold for critical thinking can humans avoid intellectual dependence on machines and maintain sovereignty in a world where the boundary between competence and its stylistic simulation is becoming blurred.

1. Automation of judgment and competence: ethics, law, and the future of work in the age of AI according to Brad Smith

Introduction

Modern technology is undergoing a critical shift: moving from the automation of simple tasks to judgment automation. AI systems are no longer merely executing commands; they are beginning to classify people and adjudicate their rights.

This article analyzes the risks associated with delegating normative decisions to algorithms. You will learn why technical precision does not equate to justice and how legal frameworks, including the AI Act, are attempting to restrain this power.

The text also highlights the necessity of restructuring education so that AI does not become a cognitive prosthesis that strips us of our intellectual sovereignty.

From Task Automation to Judgment Automation

Traditional automation relied on rigid instructions and rules. Modern AI operates differently—utilizing machine learning to estimate the probability of a given outcome based on historical data.

The key difference lies in the transition from executing an action to performing selection and prediction functions. The system does not establish a fact; rather, it assigns a case to a statistical domain.

Medicine provides a clear example: a model may indicate the risk of a disease, but the institution determines the decision threshold. Every such threshold is a value judgment, not neutral mathematics.

Algorithmic Justice as a Normative Choice, Not a Technical Problem

Eliminating statistical errors does not guarantee justice because algorithms learn from data that reflects an unjust world. If history was discriminatory, AI will perpetuate those patterns.

The concept of fairness is a normative problem. Different definitions of justice are mathematically contradictory; therefore, there is no universal button to 'fix' bias.

High technical accuracy can mask errors within specific subgroups. Consequently, real oversight requires examining the heterogeneity of errors and understanding that data is not a raw material, but an encoded theory of the world.

The Statistical Illusion of Accuracy and the Paradox of Human Oversight

A model's high effectiveness in a laboratory setting often vanishes in reality due to distribution shift. AI systems do not possess metaphysical competence, only competence conditional upon their training data.

The mere presence of a human in the loop (human-in-the-loop) is often an illusion. The phenomenon of automation bias causes users to trust machine suggestions uncritically, leading to a loss of cognitive vigilance.

This leads to a paradox: the better the system, the less frequently a human intervenes at critical moments. Real oversight therefore requires calibrated trust and the competence to challenge a result.

Summary

The transition from 'goodwill ethics' to hard regulations, such as the AI Act, is essential. The law must transform declarations into concrete operational and evidentiary obligations.

The greatest threat is not a machine that thinks like a human, but a human who begins to think like a machine—abandoning the effort of independent judgment for the convenience of speed.

If we outsource reasoning, we risk losing the map that allows us to determine the direction of our civilization's development. Human sovereignty depends on preserving the ability to ask questions about meaning.

📚 Based on

Tools and Weapons
()
Penguin Press
ISBN: 978-1984877710

👤 About the book's author

Brad Smith

Microsoft

Bradford Lee Smith (born January 17, 1959) is an American attorney and business executive who serves as the Vice Chair and President of Microsoft. Joining the company in 1993, he previously served as its general counsel, where he led efforts to resolve major antitrust controversies. Smith is widely recognized for his leadership on critical issues at the intersection of technology and society, including cybersecurity, artificial intelligence, privacy, human rights, and environmental sustainability. Often described as a de facto ambassador for the technology industry, he frequently testifies before the U.S. Congress and international governments. Smith holds a Bachelor of Arts from Princeton University and a Juris Doctor from Columbia Law School, and he has also studied international law and economics at the Graduate Institute in Geneva. He is a prominent advocate for corporate responsibility in the digital age.

Mind map: Automation of Judgment and Competencies in the Age of AI

📖 Glossary

Automation bias
Tendencja ludzi do nadmiernego ufania sugestiom systemu automatycznego, nawet gdy są one błędne, często pod wpływem presji czasu lub autorytetu technologii.
Distribution shift
Sytuacja, w której dane napotykane przez model po wdrożeniu różnią się od danych treningowych, co prowadzi do spadku skuteczności systemu w rzeczywistości.
Human-in-the-loop
Model współpracy, w którym człowiek jest częścią procesu decyzyjnego AI, mając teoretyczną możliwość interwencji i zatwierdzenia lub odrzucenia wyniku.
Suwerenność epistemiczna
Zdolność jednostki do samodzielnego konstruowania wiedzy, weryfikacji źródeł i krytycznego myślenia bez całkowitego polegania na protezach poznawczych AI.
Proxy (zmienna zastępcza)
Wartość używana do przybliżenia cechy trudnej do zmierzenia; np. wykorzystanie kosztów leczenia jako proxy dla stanu zdrowia pacjenta.
Calibrated trust
Stan zaufania do systemu AI, który jest proporcjonalny do jego rzeczywistych kompetencji – ufamy mu bardziej tam, gdzie jest skuteczny, a mniej w obszarach ryzyka.

Frequently Asked Questions

9. How does modern AI-based automation differ from traditional process automation?
10. Traditional automation consists of executing specific instructions and hard-coded rules, whereas modern AI-based automation is used for classification, forecasting, and selection. AI systems do not perform rigid actions; instead, based on historical data, they estimate the probability of a specific outcome occurring for a new case.
Why does removing statistical biases from algorithms not guarantee that AI systems will be fair?
Algorithms can faithfully reflect and perpetuate historical discriminations embedded in data, even if they are statistically correct. Furthermore, different mathematical definitions of fairness are often contradictory, making the choice of a specific fairness criterion a normative and ethical decision rather than a purely technical one.
Why does high technical accuracy of an AI model not guarantee its safe and fair operation in practice?
High accuracy can mask differences in system effectiveness across specific groups, leading to unfairness. Additionally, the phenomenon of distribution shift means that a model trained on one dataset may cease to be accurate after deployment in a real-world environment with different characteristics.
Why does the mere presence of a human in the decision loop (human-in-the-loop) not guarantee real control over AI systems?
The mere presence of a human in the loop does not guarantee control, as they may become merely a "moral lightning rod," formally signing off on decisions actually driven by the model. Real oversight requires competence, time, and an organizational culture that allows for dissent, as well as resilience to the persuasive bias resulting from the professional style of generative AI.
Why does the mere presence of a human in the AI decision-making process not guarantee real control and accountability for system errors?
The mere presence of a human is insufficient because pressure for machine speed and a lack of understanding of the system's nature can limit actual control. Additionally, the distributed structure of AI creation and deployment leads to the phenomenon of distributed responsibility, where multiple involved entities may shift blame for errors onto one another.
Why are ethical principles and declarations from AI manufacturers alone insufficient to ensure safety and accountability?
Ethical principles alone are insufficient because ensuring safety requires a precise map of competencies as well as specific procedures and supervisory institutions, not just declarations of goodwill. In situations where AI affects fundamental human rights, responsibility must be shifted from the level of voluntary assumptions to the level of binding legal and regulatory norms.
Why are AI ethical codes alone insufficient, and how does modern law (e.g., the AI Act) address the security of algorithmic systems?
Ethical codes alone are insufficient because safety requires specific procedures, documentation, and legal sanctions. The AI Act addresses this problem through a risk-based architecture, introducing ex ante oversight and total bans on applications that violate fundamental rights.
How do legal regulations (e.g., the AI Act) translate ethical principles of responsible AI into concrete technical and operational requirements?
Regulations translate ethical principles into specific obligations, such as implementing risk management systems, ensuring high data quality, and maintaining technical documentation and logging. For example, transparency becomes a requirement to provide information necessary for tool control, and human oversight becomes a structural element of the system. The entire process is concluded by a conformity assessment, which must be carried out before a high-risk system is placed on the market.
Why is the mere enactment of AI regulations not enough to ensure safety, and how does the law handle the tension between innovation and regulation?
The mere enactment of regulations is not enough because law requires an enforcement infrastructure in the form of standards, guidelines, and supervisory bodies, the creation of which takes time. The law manages the tension between innovation and regulation by adjusting implementation deadlines for requirements and introducing regulatory sandboxes and common standards, which increase market trust and lower compliance costs for smaller entities.
How does the AI Act translate general legal requirements into technical practice, and how does it regulate general-purpose AI (GPAI) models?
The AI Act translates legal requirements into practice through technical standards, which act as a bridge between policy and code, defining, among other things, tests and methods for data documentation. GPAI models are subject to a separate regime including documentation obligations, compliance with copyright law, and the provision of system information to downstream providers; models with systemic risk are additionally subject to risk assessment and cybersecurity rigors.
How does the law attempt to prevent the informational chaos caused by AI-generated content?
The law counteracts informational chaos by introducing layered responsibility for different participants in the AI ecosystem and requiring transparency for synthetic content. According to the AI Act, interactive systems must inform users that they are communicating with a machine, and deepfakes and generative content are subject to mandatory labeling, including through machine-readable markers.
What does the implementation of the AI Act look like in practice, and what are the main difficulties for regulatory bodies in supervising AI systems?
Implementing the AI Act requires organizations to establish compliance teams and revise their documentation, product architecture, and procedures. The primary difficulty for regulatory bodies is the asymmetry of technical knowledge compared to enterprises, as well as the need to evaluate complex probabilistic systems rather than simply verifying forms.
How do legal regulations such as the AI Act translate ethical principles into practice, and what risks are associated with their formal implementation?
Regulations like the AI Act translate ethical principles into practice by creating a measurable and controllable architecture of accountability, turning philosophy into the language of quality management systems and risk management. The main threat is the risk of 'thoughtless compliance,' where formal procedures and documentation become merely a bureaucratic ritual used to shield oneself from actual responsibility.
Will AI lead to the complete disappearance of specific professions?
AI is unlikely to lead to the total disappearance of professions because they are not uniform units, but rather bundles of various tasks. Technology may take over or automate individual activities (including those previously considered non-routine), but the fragmentation of competencies means that humans remain essential in areas of responsibility, decision-making, and context.
Will AI completely replace workers in their jobs, or will it change how we work and who possesses knowledge?
AI does not so much replace entire professions as it takes over specific tasks, while simultaneously creating space for new economic functions. This technology changes the way we work by democratizing competencies and shortening the learning curve for novices, and it also transforms the ownership of knowledge, shifting it from the experience of individual employees to the company's infrastructure.
Why does the use of AI at work not always translate into a real increase in organizational productivity?
The lack of productivity growth results from hidden costs of verifying, correcting, and integrating AI outputs, which users often overlook. Furthermore, the model's ability to perform a task is different from organizational productivity, which requires the restructuring of work processes and systemic coordination.
How does the human role in the work process change when AI can generate content faster than we are able to process it?
The human role is shifting from the stage of content creation toward selection, evaluation, and validation. In the face of an abundance of AI-generated materials, critical judgment, understanding of context, and the ability to recognize valuable proposals become key.
Why does a statistical increase in the number of jobs after the introduction of AI not solve the problem of unemployment and worker anxiety?
A statistical increase in the number of jobs does not solve the problem due to structural mismatch, as new positions may require different competencies or be located in different places than those eliminated. Worker anxiety stems from the fact that technology evolves faster than educational systems and social safety nets, and macroeconomic equilibrium does not guarantee individual professional security.
What remains irreplaceable by AI in human work, and what determines the direction of technology implementation in professions?
Tasks requiring high responsibility, interpersonal trust, empathy, and decision-making under conditions of incomplete knowledge remain irreplaceable. The direction of technology implementation depends on institutional and economic factors such as prices, taxes, business models, labor law, and the structure of capital ownership.
What are the real economic and social threats associated with implementing AI in employment structures?
The main threat is a decline in the labor share of income and an increase in economic uncertainty resulting from the unequal distribution of productivity gains from AI. There is a risk of creating an 'hourglass organization,' where the shrinking of middle-management positions could lead to the degradation of the middle class, negatively impacting social status and democracy.
Why is the traditional approach to learning and retraining insufficient in the age of AI?
The traditional approach is insufficient because AI not only changes the catalog of qualifications but also destabilizes the link between a profession and competencies and affects the process of knowledge production itself. Education can no longer be a one-time preparation for a specific profession; instead, it must become an infrastructure of resilience, shaping the ability for continuous reconfiguration and absorption of change.
In the age of AI, is learning facts and memorizing information still necessary?
Yes, learning facts remains essential because reasoning and the interpretation of new data rely on knowledge stored in long-term memory. One's own knowledge serves as a scaffold for independent thinking and is indispensable for verifying the truthfulness and relevance of information generated by AI.
How can the use of AI in education affect the ability to learn, and what is the role of the teacher in this context?
AI can support the learning process or become a cause of cognitive laziness if it replaces the effort necessary to build lasting cognitive structures. The teacher's role is evolving toward managing the process of shaping an autonomous learner and deciding when the use of AI deepens learning and when it limits it.
What should AI literacy actually be in the education system to prevent intellectual dependence on machines?
AI literacy should be a set of knowledge and attitudes that allow one to understand how the system works, its limitations, and its social context, rather than just proficiency in using tools. The key is a transition toward second-order knowledge—learning methods for verifying information, recognizing uncertainty, and calibrating trust in generated responses.
Why is a change in the education system necessary for legal regulations regarding AI (such as the AI Act) to be effective in practice?
A change in the education system is essential because the actual implementation of regulations like the AI Act requires people competent enough to oversee the technology. Without proper skills in data interpretation and understanding model errors, legally required human oversight will be merely ceremonial and ineffective.
How should the education system respond to the risk of deepening cognitive inequalities and the loss of control over AI?
The education system should go beyond simply providing AI tools and teach students how to use them consciously to prevent new cognitive inequalities. It is essential to combine technical learning with the humanities and exact sciences, which will allow for the ethical steering of technology and an understanding of its limitations.
How should education and the role of the state change to ensure that AI does not become a cognitive prosthesis that strips us of our ability to think independently?
The state should provide the infrastructure for lifelong learning (funding and time), treating reskilling as an infrastructural investment. Education must focus on developing cognitive self-regulation, metacognition, and critical judgment, so that AI supports human development instead of taking over reasoning processes.

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