What does it mean to be an agent?

Abstract

Artificial intelligence (AI) has posed numerous legal–ethical challenges. These challenges are particularly acute when dealing with AI demonstrating substantial computational prowess, which is then correlated with agency or autonomy. A common response to considering this issue is to inquire whether an AI system is “conscious” or not. If it is, then it could constitute an agent, actor, or person. This framing is, however, unhelpful since there are many unresolved questions about consciousness. Instead, a practical approach is proposed, which could be used to better regulate new AI technologies. The value of the practical approach in this study is that it (1) provides an empirically observable, testable framework that contains predictive value; (2) is derived from a data-science framework that uses semantic information as a marker; (3) relies on a self-referential logic which is fundamental to agency; (4) enables the “grading” or “ranking” of AI systems, which provides an alternative method (as opposed to current risk-tiering approaches) and measure to determine the suitability of an AI system within a specific domain (e.g., such as social domains or emotional domains); (5) presents consistent, coherent, and higher informational content as opposed to other approaches; (6) fits within the conception of what informational content “laws” are to contain and maintain; and (7) presents a viable methodology to obtain “agency”, “agent”, and “personhood”, which is robust to current and future developments in AI technologies and society.