FTC chair suggests AI developers should be liable for agents’ conduct
XLK•FTC Chairman Andrew Ferguson said AI developers could be liable for harm caused by agents they instruct, and said the agency plans to seek data from consumer-facing companies for a study on personalized pricing. The FTC also called for public input on a potential rule to deter fraudulent or misleading online ads.
1. AI developers and liability
Ferguson said he would resist describing AI agents as autonomous actors and suggested developers who instruct them could be liable for harm. He said the FTC should use existing legal tools, including authority to act against companies that fail to disclose data breaches.
2. Study of personalized pricing
The FTC is preparing to request data from consumer-facing companies on whether they use personal information, such as location and browsing history, to set different prices for different customers. Ferguson said the agency has already initiated enforcement actions involving disclosures and is working on a market study. He said he is personally most concerned about the practice in delivery and rideshare apps and airlines.
3. Potential rule on ads
The FTC called for public input on a potential rule to deter technology companies from allowing fraudulent or misleading ads. Ferguson said ongoing enforcement investigations had convinced him that online platforms need clear requirements to mitigate fraud.
