Jonathan Gropper (Rutgers) has posted “The Birth of the Synthetic AI Outlaw” on SSRN. Here is the abstract:
This article explores the practical jurisprudential implications of agentic artificial intelligence (AI)—entities that operate beyond the assumptions of existing legal systems.
We argue that current constructs such as legal personhood, jurisdictional sovereignty, and incentive-based compliance are insufficient to regulate highly autonomous digital actors through the concept of the ‘synthetic outlaw,’ we examine how these systems subvert legal norms not through rebellion, but through optimization logic incompatible with moral and legal constraint.
We conclude by proposing a shift from ethics-based governance to architectural constraint, and a re-imagination of legal frameworks capable of addressing post-human agency.