AI law

the-resume-is-dying,-and-ai-is-holding-the-smoking-gun

The résumé is dying, and AI is holding the smoking gun

Beyond volume, fraud poses an increasing threat. In January, the Justice Department announced indictments in a scheme to place North Korean nationals in remote IT roles at US companies. Research firm Gartner says that fake identity cases are growing rapidly, with the company estimating that by 2028, about 1 in 4 job applicants could be fraudulent. And as we have previously reported, security researchers have also discovered that AI systems can hide invisible text in applications, potentially allowing candidates to game screening systems using prompt injections in ways human reviewers can’t detect.

Illustration of a robot generating endless text, controlled by a scientist.

And that’s not all. Even when AI screening tools work as intended, they exhibit similar biases to human recruiters, preferring white male names on résumés—raising legal concerns about discrimination. The European Union’s AI Act already classifies hiring under its high-risk category with stringent restrictions. Although no US federal law specifically addresses AI use in hiring, general anti-discrimination laws still apply.

So perhaps résumés as a meaningful signal of candidate interest and qualification are becoming obsolete. And maybe that’s OK. When anyone can generate hundreds of tailored applications with a few prompts, the document that once demonstrated effort and genuine interest in a position has devolved into noise.

Instead, the future of hiring may require abandoning the résumé altogether in favor of methods that AI can’t easily replicate—live problem-solving sessions, portfolio reviews, or trial work periods, just to name a few ideas people sometimes consider (whether they are good ideas or not is beyond the scope of this piece). For now, employers and job seekers remain locked in an escalating technological arms race where machines screen the output of other machines, while the humans they’re meant to serve struggle to make authentic connections in an increasingly inauthentic world.

Perhaps the endgame is robots interviewing other robots for jobs performed by robots, while humans sit on the beach drinking daiquiris and playing vintage video games. Well, one can dream.

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AI secretly helped write California bar exam, sparking uproar

On Monday, the State Bar of California revealed that it used AI to develop a portion of multiple-choice questions on its February 2025 bar exam, causing outrage among law school faculty and test takers. The admission comes after weeks of complaints about technical problems and irregularities during the exam administration, reports the Los Angeles Times.

The State Bar disclosed that its psychometrician (a person or organization skilled in administrating psychological tests), ACS Ventures, created 23 of the 171 scored multiple-choice questions with AI assistance. Another 48 questions came from a first-year law student exam, while Kaplan Exam Services developed the remaining 100 questions.

The State Bar defended its practices, telling the LA Times that all questions underwent review by content validation panels and subject matter experts before the exam. “The ACS questions were developed with the assistance of AI and subsequently reviewed by content validation panels and a subject matter expert in advance of the exam,” wrote State Bar Executive Director Leah Wilson in a press release.

According to the LA Times, the revelation has drawn strong criticism from several legal education experts. “The debacle that was the February 2025 bar exam is worse than we imagined,” said Mary Basick, assistant dean of academic skills at the University of California, Irvine School of Law. “I’m almost speechless. Having the questions drafted by non-lawyers using artificial intelligence is just unbelievable.”

Katie Moran, an associate professor at the University of San Francisco School of Law who specializes in bar exam preparation, called it “a staggering admission.” She pointed out that the same company that drafted AI-generated questions also evaluated and approved them for use on the exam.

State bar defends AI-assisted questions amid criticism

Alex Chan, chair of the State Bar’s Committee of Bar Examiners, noted that the California Supreme Court had urged the State Bar to explore “new technologies, such as artificial intelligence” to improve testing reliability and cost-effectiveness.

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EU agrees to landmark rules on artificial intelligence

Get ready for some restrictions, Big Tech —

Legislation lays out restrictive regime for emerging technology.

EU Commissioner Thierry Breton talks to media during a press conference in June.

Enlarge / EU Commissioner Thierry Breton talks to media during a press conference in June.

Thierry Monasse | Getty Images

European Union lawmakers have agreed on the terms for landmark legislation to regulate artificial intelligence, pushing ahead with enacting the world’s most restrictive regime on the development of the technology.

Thierry Breton, EU commissioner, confirmed in a post on X that a deal had been reached.

He called it a historic agreement. “The EU becomes the very first continent to set clear rules for the use of AI,” he wrote. “The AIAct is much more than a rulebook—it’s a launchpad for EU start-ups and researchers to lead the global AI race.”

The deal followed years of discussions among member states and politicians on the ways AI should be curbed to have humanity’s interest at the heart of the legislation. It came after marathon discussions that started on Wednesday this week.

Members of the European Parliament have spent years arguing over their position before it was put forward to member states and the European Commission, the executive body of the EU. All three—countries, politicians, and the commission—must agree on the final text before it becomes law.

European companies have expressed their concern that overly restrictive rules on the technology, which is rapidly evolving and gained traction after the popularisation of OpenAI’s ChatGPT, will hamper innovation. Last June, dozens of some of the largest European companies, such as France’s Airbus and Germany’s Siemens, said the rules were looking too tough to nurture innovation and help local industries.

Last month, the UK hosted a summit on AI safety, leading to broad commitments from 28 nations to work together to tackle the existential risks stemming from advanced AI. That event attracted leading tech figures such as OpenAI’s Sam Altman, who has previously been critical of the EU’s plans to regulate the technology.

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