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Touro Law Review

Touro Law Review

Abstract

Artificial intelligence (“AI”) is rapidly gaining autonomy across a range of domains, such as business, education, social relationships, and warfare. This article examines the legal and policy implications of autonomous AI agents, a rapidly evolving technology that challenges existing regulatory frameworks. Drawing from tort, agency, property, contract, privacy, human rights, and constitutional law, we propose a comprehensive approach to govern these increasingly independent entities. Our analysis begins with a historical perspective, tracing both the evolution of autonomous computational systems and of legal responses to such technologies. We then conduct a comparative study of AI governance across jurisdictions, highlighting regulatory gaps and best practices. Central to our discussion is the challenge of defining AI autonomy and agency in legal terms. We explore the concept of “legal personhood for AI”2 and its potential ramifications for liability, responsibility, and other legal issues. Through case studies and hypothetical scenarios, we illustrate the practical challenges of applying current laws to AI agents. These examples inform our proposals for legal reforms, including the creation of new AI-specific legal categories and the establishment of specialized regulatory bodies. The article also addresses the ethical dimensions of AI deployment, discussing issues of bias, privacy, and societal impact. This article aims to offer a roadmap for policymakers, legal practitioners, and technologists navigating the future of AI regulation. By balancing innovation with accountability, we seek to foster a legal environment that promotes responsible AI development while safeguarding societal interests.

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