I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

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. (shrink)

This paper instigates a discourse on the unplanned effects of intelligent agents in the context of their use on the Internet. By utilizing a social informatics framework as a lens of analysis, the study identifies several unanticipated consequences of using intelligent agents for information- and commerce-based tasks on the Internet. The effects include those that transpire over time at the organizational level, such as e-commerce transformation, operational encumbrance and security overload, as well as those that emerge on a cultural level, (...) such as trust affliction, skills erosion, privacy attrition and social detachment. Furthermore, three types of impacts are identified: economic, policy, and social. The discussion contends that economic impacts occur on the organizational level, social effects transpire on a cultural level, and policy impacts take place on both levels. These effects of the use of intelligent agents have seldom been predicted and discussed by visionaries, researchers, and practitioners in the field. The knowledge of these unplanned outcomes can improve our understanding of the overall impacts that innovative agent technologies may potentially have on organizations and individuals. Subsequently, this may help us develop better agent applications, facilitate the formulation of appropriate contingencies, and provide impetus for future research. (shrink)

Service and personal care robots are starting to cross the threshold into the wilderness of everyday life, where they are supposed to interact with inexperienced lay users in a changing environment. In order to function as intended, robots must become independent entities that monitor themselves and improve their own behaviours based on learning outcomes in practice. This poses a great challenge to robotics, which we are calling the “autonomy-safety-paradox” (ASP). The integration of robot applications into society requires the reconciliation of (...) two conflicting aspects: increasing machine autonomy and ensuring safety in end-use. As the level of robot autonomy grows, the risk of accidents will increase, and it will become more and more difficult to identify who is responsible for any damage incurred. However, emphasizing safety impairs the autonomous functioning of the robot. This problem implies the need for a broadened concept of product safety. Our comparative study shows that the institutional framing of the ASP as well as concrete solutions to this problem differs between Europe and Japan in two respects: (1) the understanding of robot agency and (2) the concept of “appropriate” user–robot interaction. (shrink)