Contracting agents: legal personality and representation

Abstract

The combined use of computers and telecommunications and the latest evolution in the field of Artificial Intelligence brought along new ways of contracting and of expressing will and declarations. The question is, how far we can go in considering computer intelligence and autonomy, how can we legally deal with a new form of electronic behaviour capable of autonomous action? In the field of contracting, through Intelligent Electronic Agents, there is an imperious need of analysing the question of expression of consent, and two main possibilities have been proposed: considering electronic devices as mere machines or tools, or considering electronic devices as legal persons. Another possibility that has been frequently mentioned consists in the application of the rules of agency to electronic transactions. Meanwhile, the question remains: would it possible, under a Civil Law framework, to apply the notions of ''legal personhood'' and ''representation'' to electronic agents? It is obvious that existing legal norms are not fit for such an endeavouring challenge. Yet, the virtual world exists and it requires a new but realistic legal approach on software agents, in order to enhance the use of electronic commerce in a global world.

The Desirability of Legal Rights for Novel Beings

“…In any case, it is widely accepted that AI currently comprises "intangible algorithms of which we see the work, not tangible cyborgs that inhabit our world." 73 Although such agents are "capable of multiple and autonomous intervention [sic] in the legal world," 74 such technology is very different from the androids we see in much science fiction 75 and, it is argued, means that current robots and AI should not be seen as legal agents. 76 The point is made by Bartosz Brozek and Marek Jacubiec, who introduce a character know as Mr Y. Mr Y is an android programmed to replicate human behavior, and the authors conclude he is undeserving of moral concern due to the fact he is nothing more than any other technology.…”

A Persuasive Cognitive Assistant System

“…One of the main features is the modular architecture that the iGenda has. Its open connectivity allows the connection of new modules that follow the protocols [13,14]. Being a multi-agent system, the iGenda allows easy integration of new features and the deployment and removal of agents at once [15].…”

Distributed Morality in an Information Society

“…The debate is not entirely new (Donaldson 1982;May 1983), nor devoid of controversial points (Ewin 1991). Its revival is due to the increasing pervasiveness and autonomy of artificial agents and of hybrid multiagent systems (Wooldridge 2009), both in every day contexts and in business environments (Andrade et al 2004(Andrade et al , 2007Hildebrandt 2008Hildebrandt , 2011Wallach and Allen 2009;Verbeek 2011;Kroes and Verbeek forthcoming). In (Floridi and Sanders 2004), I argued that standard perspectives on ''mindless morality''-ethical issues involving artificial, synthetic or hybrid agents, from companies to webbots-run the risk of remaining unduly constrained by an anthropocentric conception of agency.…”