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New Report Explores Liability for Agentic AI

Picture of Kirsten D'Souza

Kirsten D'Souza

Policy research outlines different frameworks for liability and governance


On Monday, Americans for Responsible Innovation (ARI) released a new report examining how policymakers can address harms from AI agents, autonomous systems that combine open-ended capabilities with independent decision-making across unpredictable contexts. The report reviews three distinct policy approaches: the “stick” of conventional tort liability; the “carrot” of liability immunity in exchange for proactive governance measures; and the “net” of no-fault compensation schemes that provide swift remedy to victims without relying on fault assignment. Examining both the promise and major obstacles facing each approach, the report calls for further research into strategically combining them to thread the needle between upholding the public interest and fostering responsible AI innovation.

Read the full report:

The Stick, the Carrot, and the Net: Policy Approaches for Addressing AI Agent Harms

“AI agents represent a major step-change compared to earlier forms of AI because of their capacity as autonomous actors to directly affect the world,” said report author and ARI Senior Policy Analyst Iskandar Haykel. “For policymakers, the path toward addressing AI agent harms isn’t necessarily picking between remediation, safe harbor, and no-fault compensation approaches, but rather weaving them together to create hybrid frameworks that suitably protect the public without disincentivizing innovation in the age of AI agents.”

The report relies on documented examples of harms from increasingly autonomous AI systems, including unauthorized purchases and damaging customer service interactions, to illustrate the complex policy questions AI agents pose. As part of the discussion, it also investigates how current federal and state legislative proposals offering AI liability safe harbors, if enacted, would potentially fail to provide meaningful governance in return. Ultimately, as AI agents move from experimental to widespread commercial deployment, the research emphasizes the need for creative policy solutions to address the spectre of AI agent harms before they spread across society.

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Americans for Responsible Innovation (ARI) is a nonprofit organization dedicated to policy advocacy in the public interest, focused on emerging technologies like artificial intelligence (AI). Learn more at ARI.us.

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