Advancing Responsible Governance for Autonomous Systems and Agentic AI

The American Bar Association's Autonomous Systems Governance Working Group (ASG-WG) held its inaugural session on April 17, 2026, in Atlanta. Co-chaired by Tim Reiniger and Prof. Jon Garon, the Working Group is a joint effort of the SciTech Risk and Trust Management Committee and the Cyber and Technology Committee of the Business Law Section, bringing together legal practitioners, technologists, and academics.

The ASG-WG aligns with and advances the ABA Resolution 604 (2023) that calls on AI developers and users to ensure 1) human control, 2) human (including legal person) legal responsibility for consequences and 3) transparency and traceability of autonomous decision-making and actions. The ASG-WG is opened with a foundational request from industry: legal frameworks are urgently needed for guidance in governing autonomous systems.

The Autonomous Systems Governance Working Group brings together legal professionals, policymakers, academics, technologists, industry representatives, and other stakeholders to examine the legal, ethical, regulatory, and operational issues presented by autonomous and AI-enabled systems.

While the ASG-WG is initially operates under the Risk and Trust Committee of SciTech and the ABA’s Business Law Section, the organizers invite a broader collaboration with related ABA sections and committees as well as external organizations.

Purpose

This Working Group advances the objectives of ABA Resolution 604 (2023) by examining how authority can be delegated to autonomous AI systems (including AI agents) while preserving clear legal responsibility for their decisions and actions. The group is exploring practical approaches to human-in-the-loop and for ensuring that AI systems act within defined roles, that the context of automated decisions is retained, and that accountability can be demonstrated when AI systems operate across organizational and technical boundaries. The aim is to help develop legal and governance frameworks and governance for the responsible use of autonomous agents in commercial environments.

The hope is that such legal frameworks will foster responsible/ethical innovation as well as the development of governance that promotes human accountability, minimizes harms, and enables insurability. The problem is not the absence of legal doctrines. It is the current uncertainty over whether and how to apply the legacy doctrines of products liability, agency law, fiduciary law, and ferae naturae law to emerging autonomous systems, including agentic AI.

Areas of Focus

In the coming year, the ASG-WG will hold monthly meetings (both remotely and in-person) to develop minimum competencies for autonomous system governance in three areas: 1) data management, 2) risk management, and 3) operations management. In looking at these three areas, the Working Group will consider a number of issues:

• Legal accountability and liability for rogue agents and decision risk

• Transparency, explainability, and disclosure for responsible AI

• Human supervision and control (including ‘Human in the Loop’)

• Data governance and privacy

• Time of action authority

• Delegation of authority

• Strategies for minimizing harms to users

• Standards, best practices, and institutional governance models

Why This Work Matters

Autonomous systems are rapidly reshaping how decisions are made, services are delivered, risks are assessed, and responsibility is assigned. As these technologies become increasingly embedded in public and private sector operations, the legal profession has an important role to play in helping define responsible governance, accountability, transparency, and trust.

Autonomous and AI-enabled systems are increasingly used in contexts that affect individuals, businesses, government agencies, and the administration of justice. These systems already are making and influencing decisions involving identity, eligibility, compliance, contracting, financial services, healthcare, transportation, public safety, and access to essential services.

Effective governance requires more than technical capability. It requires clear legal rules, accountable governance, informed oversight, and trusted communications that help ensure these systems are used responsibly.

Working Group Activities

The Working Group is intended to assist the following industries:

• Healthcare

• Financial services

• Government services

• Insurance

• National security

• Collaboration with related ABA committees, sections, and external organizations

• Estate planning

Participation

Participation is open to individuals interested in the legal, regulatory, ethical, and governance implications of autonomous systems. Participants need not be licensed attorneys or even ABA members. The Working Group welcomes diverse perspectives from law, technology, business, academia, government, and civil society. And there is no dues assessment.

ASG-WG participants already include legal practitioners from a wide variety of specialties, Direct Trust, representatives from the healthcare and financial services industries, and academia, including the University of South Florida and the University of North Carolina.

Leadership

Timothy Reiniger, Esq., Co-Chair (Lead) (Chair of the Risk & Trust Management Committee of the ABA Science & Technology Section)

Prof. Jon Garon, Esq, Co-Chair (Chair of the Cyber and Tech Law Committee of the ABA Business Law Section)

Renee Hunter, Esq, Secretary

Get Involved

Professionals interested in contributing to this work are encouraged to join the conversation.
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