Issues on intelligent electronic agents and legal relations

computers have been looked as an instrument due to process and record information, but also as a means of automatically processing and transmitting information, and now as a means of autonomously thinking, deciding, acting. Recent trends in the field of what we are calling Artificial Intelligence, brought along new ways of expressing will and declarations – as an electronic behaviour that exteriorizes the content of a certain autonomous will. This leads us to a urgent need of rethinking many legal theories that we had since long ago already thought as definitely established, such as the theories of will, personality, consent and representation. In this paper we will question legal relations involving Intelligent Electronic Agents

Software agents and contracts

In the current economical context, characterized by the existence of a global society, the access to information is crucial for any economical and social development; yet, important technological challenges still remain. The representation, maintenance, and querying of information is a central part of this problem. How can we obtain the adequate information at the adequate time? How can we supply the correct items for the correct people at the correct time? How and where can we get the relevant information for a good decision-making? The organizations focus their competences in strategical areas and have recourse to external supplies, cooperating with sporadic partners, with the objective of reducing costs, risks, and technological faults or maximizing benefits and business opportunities. One of the most radical and spectacular changes is the information dematerialization, the procedure automation, the recourse to decision support systems or intelligent systems, and to new forms of celebrating contracts (e.g., is it possible to practice commercial acts and celebrate deals using autonomous and pro-active computational agents?). The virtual organizations face new challenges and there must be a search for new answers to old questions. The negotiation processes through electronic means and the e-commerce platforms may set new forms of contracts, with engagements and negotiations among virtual entities

IBM®: ¿más allá del conocimiento...? (Caso de estudio)

El caso muestra cómo los presidentesLouis Gerstner y Samuel Palmesano lograron infl uir en un cambio positivode las personas, sus valores y conocimientos,para que IBM recuperarael liderazgo en el mercado. IBM empiezaa generar conocimiento y lograser una de las empresas que máspatentes ha registrado en los EstadosUnidos durante la última década. Elcaso también plantea dilemas dondese cuestiona si la investigación y elconocimiento adquirido por las empresasha servido o no para mejorarla vida de las personas.Investigación y desarrollo, equipos dealto rendimiento, outsourcing, gerenciadel cambio, gestión de conocimiento,consultoría, cultura, innovación ytecnología, capital intelectual.

Software agents as legal persons

The Law has long been recognizing that, besides natural persons, other entities socially engaged must also be subject of rights and obligations. Western laws usually recognize Corporate Bodies as having legal personality and capacity for every right and obligation needed or convenient to the prosecution of its social goals. But can we foresee a similar attribution of such a regime to software agents? In other words, are intelligent software agents capable of being personified? One of the main characteristics of a personality is the existence of a physical being or organization provided with its own will. In that sense, intelligent software agents are quite close to human beings. Indeed, they have a physical existence, and they have the capability of learning and of having a will of their own

Defects of the will in software agents contracting

The use of intelligent software agents brings along a lot of new issues in what contracting is concerned. Actually, to speak about contracts there must be two or more declarations of will, containing a consensual agreement, consisting of an offer and of an acceptance. But intelligent software agents operate in electronic commerce without any direct intervention of humans, and they have a control on their own actions and on their own inner state. So, legal difficulties obviously arise in such situations of contracting through the only intervention and interaction of autonomous intelligent systems. Thus being, the analysis of the process of formation of will and of issuing of declaration in electronic contracts negotiated (and eventually performed) by electronic software agents will be crucial to the development of intelligent inter-systemic electronic contracting. But, may the the rules of will defects be adapted to software agent contracting?Fundação para a Ciência e a Tecnologia (FCT) - Intelligent Agents and Legal Relations project (POCTI/JUR/57221/2004

Recibo firmado por José Francisco Pacheco

Copi

José Francisco Pacheco a Juan Facundo Quiroga

Comunica que la Tesorería de la Aduana de Mendoza a recibido dinero franqueado por el Gobierno de Buenos Aires para los gastos de la expedición contra las tribus indígena