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        <article-title>The primacy of human autonomy: understanding agent rights through the human rights framework</article-title>
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      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Bart Kamphorst</string-name>
        </contrib>
      </contrib-group>
      <abstract>
        <p>This paper is concerned with the 'rights' of autonomous agent systems in relation to human users or operators and specifically addresses the question of when and to what extent an agent system may take over control from someone. I start by examining an important ethical code of conduct for system designers and engineers and argue that one would do well to understand it within the human rights framework. I then show that framing the discussion on what agent systems may and may not do in terms of human rights has consequences for intelligent agent systems in that they should be respectful of people's dignity and autonomy. In the remainder of the paper I work out the implications of this for the conditions under which agent systems may take over control. I offer an analysis of control, of delegated control, and of autonomy-respectful delegated control, concluding that for an agent system to justifiably take over control from a user, it should at a minimum offer the user a reliable way to take back control in a timely manner. However, when the user's autonomy is at stake, the system should also know about and act in accordance with the user's goals and core values.</p>
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    <sec id="sec-1">
      <title>-</title>
      <p>
        When and to what extent should an autonomous agent system be able
to take over control from a human user? This question is becoming
more and more relevant because people are increasingly employing
intimate, agent-based support systems that have a profound influence
on their personal lives (e.g., in regulating chronic illness [
        <xref ref-type="bibr" rid="ref22">22</xref>
        ] or in
overcoming obesity [
        <xref ref-type="bibr" rid="ref4">4</xref>
        ]). But before one can start formulating an
answer to such a question, one needs to have a clear conception of
control and of the ethical considerations that come into play when
a person hands over control to an agent system. For instance, how
does handing over control affect the user in terms of one’s well-being
or autonomy? Throughout this paper I will propose four guidelines
aimed to pave the way towards an answer that takes these issues into
account. I will start by examining an important ethical code of
conduct for system designers and engineers and argue that in order to
properly understand it, one would do well to place it within the
human rights framework as codified in the Universal Declaration of
Human Rights (UDHR).2 I will then show that by doing so, it
follows that the notion of human autonomy is a value worth protecting
when designing intimate systems. Finally, I will set forth some
tentative thoughts about the relation between autonomy and control, in
order to sketch the outline of an answer to the question, namely that
1 Utrecht University, The Netherlands, email: bart.kamphorst@phil.uu.nl
2 Because I understand the notion of agent rights in the context of the human
rights framework, and I am not inclined to grant autonomous agent systems
a human-like status within this framework, I will refrain from speaking of
rights and duties of autonomous agents from here on out.
under normal circumstances an autonomous agent system may take
over control if and only if the control is willingly delegated to the
system and the user retains the possibility to take back control when
he or she sees fit.
2
      </p>
    </sec>
    <sec id="sec-2">
      <title>Personal Dignity</title>
      <p>
        In 1992 the council of the Association for Computing Machinery
(ACM) adopted a code of ethics that prescribes the ethical
professional conduct that is expected of every member of the ACM, an
organization with over 100,000 members from over 100 countries,
representing the worlds largest educational and scientific computing
society. Consider article 3.5 of this code, entitled “As a ACM
member I will 3.5: Articulate and support policies that protect the dignity
of users and others affected by a computing system” [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]:
Designing or implementing systems that deliberately or
inadvertently demean individuals or groups is ethically
unacceptable. Computer professionals who are in decision making
positions should verify that systems are designed and implemented
to protect personal privacy and enhance personal dignity.
(emphasis added)
While the gist of this article is clear, one cannot truly understand
what it entails unless one has a working idea of what personal dignity
is. That is, what is it that needs protecting, or even enhancing? The
problem is that because human dignity is an extremely broad concept
that people interpret differently in different contexts, there is a danger
that in practice the meaning of it is void.3 To remedy this, given the
societal importance of this code of ethics, I suggest understanding
personal dignity here in the context of the human rights framework.4
Within this framework, codified in the UDHR, personal dignity can
be understood as a fundamental moral property of people that they
are normative agents worthy of respect, a notion that lies at the very
core of the framework. Article 1 for instance states that “All human
beings are born free and equal in dignity and rights”, and dignity
also plays a role in positive rights such as social security (art 22) and
the right to employment (art 23). In other words, it is through this
fundamental moral property of dignity that people have certain rights
in the first place, namely those rights that protect personal dignity. In
the discussion about what autonomous agent systems may and may
not do, then, protection of the user’s personal dignity seems like a
sensible place to start.
3 For a critical discussion of the use of the term in medical ethics, see [
        <xref ref-type="bibr" rid="ref17">17</xref>
        ].
      </p>
      <p>Interestingly enough in light of this paper, according to Macklin dignity
means ‘nothing more’ than having to respect people’s autonomy!
4 There are also other hints such as “As a ACM member I will 1.1: Contribute
to society and human well-being.” that indicate that the placement of the
code in this context is valid.</p>
      <p>Guideline One: Under no circumstances may an autonomous
agent ever be harmful to anyone’s personal dignity.</p>
      <p>While this may seem like a trivial guideline, and an obvious one at
that, it may serve as a stepping stone for other guidelines with the
human rights conception of personal dignity as their foundation. In the
following section I will argue that the next step up is that autonomous
agent systems should respect human autonomy.
3</p>
    </sec>
    <sec id="sec-3">
      <title>Personal Autonomy</title>
      <p>
        The UDHR does not attribute autonomy to every human being like it
does with dignity. Instead, it assumes that people have the capacity
for self-rule and strives to lay the groundworks for an environment in
which people can develop their autonomy, i.e. become autonomous
beings. Personal autonomy, understood here as having the freedom,
the capacity and the authority to choose one’s own course of action
to direct one’s life in accordance with one’s goals and values, takes a
prominent place in (philosophical) discussions about agency.
Constituted by a measure of independence and a (minimal) requirement of
rationality (see [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ] for a thorough discussion), being personally
autonomous has normative implications in that one is held responsible
for one’s choices and actions, but also that others have obligations
to respect one’s right to decide on and follow a certain course of
action. This in turn has a significant impact on the political and legal
domain, in that it determines how “the state is permitted to restrict
or influence individuals’ choices of how to lead their lives” [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ].
Personal autonomy is closely related to personal dignity, in that dignity
is a necessary condition for leading an autonomous life. Conversely,
however, this need not be the case. People can be more or less
autonomous than each other or even than themselves viewed over a
period of time, without any threat to their dignity. What this
observation shows is that autonomy, contrary to dignity, may be viewed as a
scale [2, sec. 3.1]. But note that the fact that autonomy can be viewed
as a scale does not mean it is negotiable. As Anderson rightly notes,
the right to autonomy should be “understood not in terms of ideals
of development but rather as a fundamental boundary not to be
violated” [2, p. 12, sec 3.2]. Similarly, Oshana remarks that “[t]he fact
that it might be morally and legally incumbent upon us to caution
others against their own behavior, to warn them of the punitive
consequences that might follow their behavior, and to actually take steps
to curtail their autonomy, does not mean that autonomy is not a
valued state. This ideal remains intact, although uninstantiated in certain
cases.” [21, p. 126]. The value of autonomy is anchored within the
UDHR and individuals as well as society should strive to maximize
people’s autonomy. Moreover, and very relevant for the discussion
at hand, perceived autonomy can be measured, and there is
empirical research that shows that diminished autonomy negatively affects
personal well-being [e.g. 23]. Therefore, I contend that autonomy
may be restricted only insofar as the exercise of autonomy frustrates
anyone else’s autonomy or the state has compelling reasons to do so.
      </p>
      <p>Guideline Two: Autonomous agent systems should be
respectful of people’s autonomy. They may not diminish a user’s
autonomy, unless otherwise directed by law.</p>
      <p>
        At this point I would like to touch upon a possible criticism, voiced
but dismissed by Verbeek in a discussion about persuasive
technology:
[A]utonomy was thought to be attacked when human actions
are explicitly and consciously steered with the help of
technology. This reduction of autonomy was even perceived as a threat
to human dignity; if human actions are not a result from
deliberate decisions but from steering technologies, people were
thought to be deprived from what makes them human. [
        <xref ref-type="bibr" rid="ref24">24</xref>
        ]
I agree with Verbeek here that this is not the way to think about the
relation between technology and autonomy. What I will come to argue
later in this paper is that being steered (better: guided) by an
intelligent, autonomous agent system, does not impede one’s autonomy
per se, but that it might become an issue when one cannot change
one’s course of action when one has good reasons to do so.
      </p>
      <p>Thus far I have argued that in order to say something meaningful
about what intelligent agent systems may and may not do, one would
do well to frame the discussion in terms of the human rights
framework. I have argued that human autonomy is a central notion within
this framework, that it is an important value to protect in all
circumstances, and therefore should be regarded as an important value when
designing autonomous agent systems that (closely) interact with
people.
4</p>
    </sec>
    <sec id="sec-4">
      <title>Value Sensitive Design</title>
      <p>
        The idea that software should be respectful of people’s autonomy is
not new. Most prominently, Friedman has argued at length for the
inclusion of human values in the design of computer systems and
software agents, specifically respecting and enhancing what she calls
‘user autonomy’ [
        <xref ref-type="bibr" rid="ref10 ref11 ref12">11, 10, 12</xref>
        ]. In their treatment of human agency
and responsible computing, Friedman and Kahn begin by asking the
question whether autonomous agent systems can be moral agents
like human beings, something they then argue cannot be the case
because to date computer systems do not have intentionality, and
intentionality is taken to be a prerequisite for morality [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ]. But
because in some cases people’s understanding of this boundary between
humans and computational systems is distorted, the argument
continues, people’s sense of moral agency can be diminished, which
in turn causes erosion (their terminology) of their dignity.
Friedman and Kahn then propose design strategies to preclude this
distortion from happening such as nonanthropomorphic interface design
(sharpen the distinction between humans and computers) and
participatory design (involving users in defining the problems the system
should tackle). In later work, Friedman proposes user autonomy as
an important value to take into account when practicing Value
Sensitive Design (VSD) for developing user-centered systems “because
it is fundamental to human flourishing and self-development” [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ],
citing work by Gewirth (1978) and Hill (1991). Here, Friedman
distinguishes between System Capability, System Complexity,
Misrepresentation of the System and System Fluidity as aspects of systems
that can influence user autonomy [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ].5 While Friedman and I share
autonomy as an important value, we seem to differ on the
circumstances under which autonomy is in danger. For instance, Friedman
and Nissenbaum write that “user autonomy can be undermined when
there are states the user desires to reach but no path exists through the
use of the software agent to reach those states” [
        <xref ref-type="bibr" rid="ref12">12</xref>
        ]. As an
illustration they consider a mail agent that has the capability to filter emails
by subject header, but does not understand a concept such as urgency.
This, Friedman and Nissenbaum argue, leads to the undermining of
autonomy for the user who wishes to filter emails by urgency. I think
this is too strong: the fact that one’s expectations about the
capabilities of the agent do not match reality does not threat one’s autonomy
5 Elsewhere, Friedman distinguishes a fifth aspect, namely knowledge about
the system: how the (non-)transparency of a system’s internal workings
may influence user autonomy. See [
        <xref ref-type="bibr" rid="ref10 ref12">10, 12</xref>
        ].
per se. The software agent was employed by the user and could also
be disabled by the user. So, at worst, the user’s hopes for autonomy
enhancement were unrealized, but there is no loss of autonomy to
speak of. It is only when control is handed over but cannot be
regained, I will argue in Section 6, that in some cases one’s autonomy
can be in trouble.
      </p>
      <p>What I do share is Friedman’s insight that values such as autonomy
(or freedom from bias) do not necessarily override others. So where
the right to autonomy is a fundamental boundary not to be violated,
the level to which one may exercise this right may under some
circumstances be restricted, for instance “to protect against a user with
malicious intentions or well-intentioned users guided by poor
judgment” [10, p. 22], or “in situations where safety is at stake” [12, p. 6].
Given the status of autonomy however in societies that subscribe to
the human rights framework, I think that such judgements should be
left to the legislator or the judiciary (as is visible from Guideline 3).6
Nevertheless, I subscribe to the idea of value-sensitive design and,
albeit via a different route I too suggest that human autonomy should
play a central role in the discussion of what autonomous agent
systems may and may not do.</p>
      <p>So, having framed the discussion in terms of the human rights
framework and having argued that human autonomy should be
considered a central concept, it would now be possible to give a tentative
answer to the question posed in the introduction by saying that it is
acceptable for a system to take over control, as long as it doesn’t
impede one’s autonomy. But what this really only does is reframe the
problem, because this answer does not provide any insights about the
conditions under which control impacts autonomy. To work towards
an actual answer, then, it is now time to spell out what control is,
before turning to the relation between control and autonomy.</p>
    </sec>
    <sec id="sec-5">
      <title>5 (Delegated) Control</title>
      <p>
        Having control over something roughly means being causally
responsible for a particular state of that something. Like autonomy,
control is another concept constitutive of and interrelated with
human agency. In the first place, people have self-control: “control of
the self by the self” [
        <xref ref-type="bibr" rid="ref19">19</xref>
        ], which implies being causally responsible
for one’s own decisions and actions in accordance with one’s goals.
This type of control is known as executive control, and has been
considered (but debated) as the basis on which one can ascribe morality
and responsibility to people [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ]. Secondly, people can control parts
of their environment, such as a soccer ball, or a computer.7
Importantly, however, being in control need not be limited to human
beings. Take the classic example of the thermostat. Without going into
the discussion about whether the thermostat can be said to have
beliefs and goals about temperature, it is uncontroversial to say it
controls the temperature of a room. Now what is important to observe,
is that control is transitive: if one controls the thermostat, one
controls the temperature of the room by means of the thermostat. This
observation, I will argue, plays a crucial role in understanding when
delegation of control is justified.
      </p>
      <p>Delegating control, I propose, means handing over immediate
causal responsibility over some object or process to another entity,
with the provision that one can retake control when one sees fit. The
entity may either be another human being or an autonomous
sys6 Notice here the important difference between autonomy and dignity: a court
could never justify indignity, that would imply a violation of a fundamental
absolute right, and there cannot be a justification for such a violation.
7 Note that while the object of control differs in both cases, what matters is
that one is a dominant causal factor, not necessarily the single cause.
tem of some sort. The object of control can many things, including
decision-making processes that normally would be handled by the
self, but do note that handing over self-control as such is a
contradictio in terminis. If the delegate system is so intimately coupled with
the delegator that the delegator considers it part of the self, then there
is no delegation to speak of, only self-control. If, on the other hand,
control over the self is delegated to an external entity, we cannot
speak of self-control, as it is not the case that the self controls the
self. Nevertheless, in principle, control over a great many things can
be delegated. But what are the conditions that the delegate should
conform to?</p>
      <p>
        In answer of this question I would like to start with a useful
distinction made by Fischer and Ravizza in the discourse on the
minimal requirements for moral responsibility between guidance and
regulative control. Whereas others have held that moral
responsibility requires full-blown regulative (cf. executive) control, Fischer
and Ravizza contend that guidance control, i.e. “the agent’s
“ownership” of the mechanism that actually issues in the relevant behavior,
and the “reasons-responsiveness” of that mechanism” [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ] —
meaning that the mechanism is (moderately) sensitive to reasons for
acting differently — is both necessary and sufficient. While Fischer and
Ravizza’s distinction is not directly applicable to a structure of
delegated control (as I will show), it provides some useful insights. First,
the requirement of ownership over the mechanism that issues the
behavior also applies to delegated control: one has to have a certain
ownership over the delegate. This does not necessarily entail physical
or legal ownership, but a kind of ownership that follows from
“taking responsibility for them” [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ]. So, for example, reading instructions
and knowingly enabling an agent system may be sufficient for this.
Secondly, there has to be some sort of mechanism that allows for
intervention, i.e. for taking back control. But while moderate
reasonsresponsiveness is a reasonable requirement for guidance control, it
seems to be too strong for delegated control because although some
intelligent, autonomous agent systems may be reasons-responsive,
others systems (e.g. thermostats) are not. For delegated control, then,
I suggest a weaker condition, namely a mechanism that is
responsive to control-retraction. In other words, the delegate should have a
mechanism with which the delegator can take back control.8 For it is
the presence of such a mechanism that determines whether the
transitive control relation still holds: if one cannot take back control, then
it is not delegation but transference, or attribution. This mechanism
has to be reliable as well as responsive in a timely manner. Note that
the latter condition is especially important because in some cases it
will be paramount that the mechanism will hand back control
immediately. At the same time, this criterion leaves room for mechanisms
that require a slightly higher threshold to be met — within the limits
of reasonableness — for control-retraction, such as having to type in
a twenty digit passphrase as opposed to hitting a big red button.
      </p>
      <p>Guideline Three: Delegation of control is valid as long as the
delegator has ownership over the delegate, and the delegate
offers the delegator a mechanism that is reliably responsive to
control-retraction in a timely manner.</p>
      <p>To illustrate this idea, consider the case of Alice, an ordinary woman
who has set herself the goal to loose a few pounds. Alice is in
control of what food she consumes, but when dieting, she finds that it
takes a lot of self-control to refrain from eating sweets. Now to help
8 Observe that delegated control is perfectly compatible with guidance
control: the internal mechanism that controls the delegation structure should be
one’s own and be moderately reasons-responsive (guidance control).
herself stay on track, she decides to enable an autonomous,
agentbased support system — one that is responsive to control-retraction,
i.e. one that can be overridden, for instance when Alice has her friend
Bob over for dinner — that draws up a grocery shopping list for her
every other day, and orders food online. By doing so, the system is
effectively preventing Alice from wandering through the supermarket
where she would be confronted with temptation. Now surely Alice
has not given up self-control over what she eats: whatever groceries
are delivered, she can choose to eat them or not. What she has done,
though, is delegate her control over the decision making process to
the agent system for what foods to buy.</p>
      <p>So, I have argued that control is something that can be delegated,
and that the delegation is valid as long as the delegator has taken
ownership over the delegate and has a way of reestablishing
executive control. In the following section I will discuss how delegation of
control relates to autonomy.
6</p>
    </sec>
    <sec id="sec-6">
      <title>Delegated Control and Autonomy: Initial</title>
    </sec>
    <sec id="sec-7">
      <title>Thoughts</title>
      <p>Being in control is strongly connected to autonomy. Recall from
Section 3 that autonomy consists in part of a measure of
independence, which one can only establish if one has control over one’s
self (decisions, actions) and one’s immediate environment. Now to
see how delegation of control can work, but also how it can be
problematic for one’s autonomy, consider the following scenario. Bob,
Alice’s friend, is an autonomous human being, and as such, he can
decide on the temperature of his own home. He can choose to build
a fire in the fireplace, or to simply delegate control over the
temperature to a thermostat. Should he choose the latter, the
delegation of control would be unproblematic, because if Bob finds that
it is too cold on a winter’s day, he can control the temperature by
means of the thermostat. But now consider a thermostat with no
offswitch that, once activated, determines what the temperature should
be all on its own (it is in fact an autonomous agent system). To
make matters even worse, the system is unpredictable, because
unbeknownst to Bob, it determines the temperature by taking the word of
the day from http://thesaurus.com/wordoftheday,
taking the number of results that Google’s search engine generates for
that word, performing a modulo operation on that number with 15,
and adding a constant of 10.9 Since Bob has no control over the
thermostat, he therefore lacks control over the temperature in the room,
which in turn impacts his autonomy.</p>
      <p>To see that delegation of control does not always involve
autonomy concerns, take a case where someone hands over immediate
control over a soccer ball to a robocup robot that reliably passes the
ball back when one asks for it (control-retraction). This is valid
delegation. But should the robot decide not to pass the ball back (it may
even be reasons-responsive itself, passing the ball instead to another
robot in a better position to score!), this surely does not hamper one’s
autonomy.</p>
      <p>Looking back at the original question about when a system may
take over control, it thus matters whether the object of control has
the capacity to affect one’s autonomy. This capacity, which I will
call autonomy-sensitivity, determines whether delegation of control
alone is acceptable in dealing with an autonomous agent system, or
that what is required is autonomy-respectful delegation of control.
To speak of delegated control that is autonomy-respectful, I propose
9 This would have made it a nice 21 degrees Celsius on May 5th 2012 with
the verb ‘besot’ (approx. 431.000 hits).
that one more condition must be met, namely goal and value
conformance.</p>
      <p>As previously mentioned, human autonomy is in part constituted
by independence: being the authority over making one’s own life
choices in accordance with one’s goals and core values. What this
implies, is that if a delegate is taking control over something that is
autonomy-sensitive to the delegator, the delegate has to act in such a
way that the delegator perceives the decisions and actions of the
delegate as an extension of the self in order to prevent interference with
respect to the delegator’s independence. To accomplish this, the
delegate should know about and act in accordance with the delegator’s
goals and core values.</p>
      <p>Guideline Four: Delegated control is autonomy-respectful if
and only if there is valid delegation of control over something
that is autonomy-sensitive, and the delegate acts in accordance
with the delegator’s goals.</p>
      <p>
        There are a number of things to note about this final requirement. The
first is that it relates to Friedman and Nissenbaum’s notion of ‘agent
fluidity’: “software agents need to take [evolution of the user’s goals]
into account and provide ready mechanisms for users to review and
fine-tune their agents as their goals change” [
        <xref ref-type="bibr" rid="ref12">12</xref>
        ]. Indeed, people’s
goals do change, and to prevent a delegator from feeling alienated
from the delegate’s decisions and actions, for instance because it is
striving to obtain an outdated goal, agent fluidity should be an
important element in agent systems design. Secondly, attesting to the
importance of the requirement, is that it relates to Ryan and Deci’s
self-determination theory, the idea that developing a sense of
autonomy is critical “to the processes of internalization and integration,
through which a person comes to self-regulate and sustain behaviours
conductive to health and well being” [
        <xref ref-type="bibr" rid="ref23">23</xref>
        ]. Especially where agent
systems are in a position to instruct and guide the delegator’s
behavior (e.g. Klein, Mogles, and Van Wissen’s eMate), guiding them
towards goals the users personally endorse is crucial. Finally, what this
requirement highlights, is the importance of individualization,
personalization, and tailoring [
        <xref ref-type="bibr" rid="ref8">8</xref>
        ]: individuals have different needs,
preferences, beliefs, goals, and quite likely, different autonomy-sensitive
objects of control. To see that this is so, consider Carol and Dave,
who both decide to enable an intelligent agent system that will
recommend clothes for them to wear on a daily basis. Carol, who has a
great sense for fashion, uses the recommendations to pick and choose
her wardrobe, and if she doesn’t like the recommendation, she will
happily wear something else. Dave on the other hand, has a very poor
sense of fashion. In fact, it doesn’t take long for Dave to rely on the
recommendations of the agent system. But here’s the catch: despite
his poor sense of fashion, Dave does have certain values about
dressing properly for the occasion, and for his new job as assistant
professor, he wishes to look presentable, so not to undermine his credibility
and authority.10 Should the system recommend clothes that do not fit
this profile, Dave’s autonomy will be affected. So, this example
illustrates how the object of control can be the same, but the
autonomysensitivity can differ on an individual basis. This, too, must be
accounted for by an autonomous agent system that has been delegated
control of something that is autonomy-sensitive to the delegator.
7
      </p>
    </sec>
    <sec id="sec-8">
      <title>Implications</title>
      <p>In the previous sections I have argued that in order to say something
meaningful about when an autonomous agent system may take over
10 Example derived from [20, pp. 177–178].
control from a human user, we would do well to place the
discussion within the human rights framework. The implication of this is
an emphasis on people’s personal autonomy. In order to better
understand how having control relates to autonomy — something that
is especially important for the design of intimate, agent-based
support systems — I have offered an analysis of control, of delegated
control, and of autonomy-respectful control delegation. This section
elaborates on the implications of the conceptual work. First, very
broadly, by framing the discussion in terms of human rights, we get
a lot of practical rules for free, in that an agent system may exercise
its autonomy (and thus the tasks delegated to it) as long as it does not
frustrate anyone else’s rights.11</p>
      <p>
        Secondly, the question of when an agent can take over control,
depends on the autonomy-sensitivity of the object of control. But at a
minimum, when the object of control is not autonomy-sensitive,
control may be taken over when it is willingly delegated — that is, the
user should know about and agree with the delegation — and to the
extent that the delegate has a mechanism that is responsive to
controlretraction. One might ask at this point ‘Is the control-retraction
mechanism necessary?’, because one could of course enable an agent
system and simply let it run. My response to this question is twofold.
Firstly, yes, such a mechanism is necessary in order to speak of
delegated control, because without it, the transitive chain of control is
broken. Secondly, although technically possible, control transference
or control attribution is problematic in terms of responsibility,
because on the one hand one cannot rely on the transitive control chain
in those cases, and on the other hand it is problematic to consider the
agent system a true moral agent with moral accountability [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ]. So,
normatively speaking, releasing the requirement of control-retraction
is undesirable.
      </p>
      <p>Finally, considering a case where the object of control is
autonomy-sensitive, an individual’s right to autonomy dictates that
an agent system may only take over control when it is validly
delegated, and the delegate has the capacity to act in accordance with
the delegator’s (changing) goals and core values. As shown, this is
crucial for respecting and protecting the delegator’s autonomy. The
implications of this is that autonomous agent systems should use
personalization and tailoring techniques, and should have access to
personal information. Of course, this sparks two separate discussions,
on the ethics of persuasive systems and on privacy respectively, but
those are beyond the scope of this paper.
7.1</p>
    </sec>
    <sec id="sec-9">
      <title>Exceptions</title>
      <p>The guidelines laid down in this paper are not without exceptions.
One type of exception in particular I would like to mention here,
and those are the cases in which a person’s autonomy is well below
the (minimal) level of autonomy that is presupposed throughout this
paper. It is highly conceivable that such cases, for instance that
involve people who have very little self-regulatory capacities, should
be treated differently. Here, I think, human dignity still plays a
central role, but other criteria should be considered as well, such as a
person’s well-being or a person’s prospects for autonomy
enhancement. For example, if the use of an autonomous agent system
without an overrule mechanism for that user would actually enhance that
person’s quality of life, then it seems to me such a system should be
at least be considered to be allowed (given that it respects the
person’s dignity).12 Considering what is at stake in such cases, taken
to11 Note that in a societal context we may add the clause that actions must be
lawful, i.e. legal within the boundaries of the law.
12 Note that to preclude any issues of responsibility, the system should be
responsive to control-retraction from a specialist care-taker or other authority
gether with common practice regarding lack of autonomy (e.g. legal
guardianship), I think such decisions should be left to a specialized
institution or a court of law.
8</p>
    </sec>
    <sec id="sec-10">
      <title>Final considerations</title>
      <p>Before concluding, I would like to mention two separate issues that
should be addressed in the discussion of what autonomous agent
systems may and may not do. The first is concerned with the difference
between design and actual use, the second with a dilemma about the
limits of autonomy.
8.1</p>
    </sec>
    <sec id="sec-11">
      <title>Design versus Use</title>
      <p>
        The main aim of this paper was to provide some preliminary ideas for
thinking about the relation between humans and autonomous agent
systems, in order to further the discussion of the normative
judgements one can make about what such agent systems may and may
not do, especially in relation to taking over control. Throughout this
paper, though, I have also discussed some design principles that
either follow from, or are important for the discussion at hand. I am
aware that the relation between design and use is “very complex and
principally unpredictable” [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ], and I agree in principle that we must
not overestimate the correlation between designer intention and
actual use. Even so, in designing agent systems that are able to take
over control, it seems that providing it with a mechanism that is
responsive to requests to relinquish control is sensible and reasonable
no matter what domain such an agent system will be used in.
      </p>
      <p>
        I concede that with regard to goal and core value accordance, the
difference between designer intention and actual use may prove more
problematic. If actual use of a system is in a totally different domain
than it was intended for, personalization and tailoring may fail. For
these type of questions (e.g., ‘What is the domain?’, ‘What
information does the system need from the user?’, ‘What type of goal should
the system strive for?’), proven methods of design should be used
such as stakeholder analysis [
        <xref ref-type="bibr" rid="ref8 ref9">9, 8</xref>
        ] and empirical investigations as
part of Friedman et al. tripartite methodology [
        <xref ref-type="bibr" rid="ref13">13</xref>
        ], perhaps
accompanied by Verbeek’s modified Constructive Technology Assessment
to “anticipate possible mediating roles of the technology-in-design”
[
        <xref ref-type="bibr" rid="ref24">24</xref>
        ]. We cannot always reliably predict actual use, but when a value
as important as human autonomy is at stake, we should do our best
to err on the safe side.
8.2
      </p>
    </sec>
    <sec id="sec-12">
      <title>Dilemma: Ultimate autonomy?</title>
      <p>
        Finally, I would like to note an interesting dilemma that this paper
raises. I have argued that what should be protected is one’s capacity
to choose one’s own course of action, or in other words, to live one’s
life by one’s own standards and desires. Of course, the human rights
framework and societal institutions put bounds on this capacity in
that one can exercise one’s right to autonomy only to the point where
one would frustrate someone else’s rights. Nevertheless, within that
space, one is free: free to go hiking, free to whistle a show tune,
even free to mutilate oneself. So why would one not be free to put
an agent-based decision support system in place that severely and
uncompromisingly restricts one’s options? Doesn’t the very fact that
one is an autonomous being imply this freedom? In response to this
dilemma I would like to draw an analogy with the autonomous
being wanting to be enslaved, a case discussed in the philosophical
discourse on autonomy [e.g. 18, 21]. One way of dealing with such cases
figure.
is to hold that the consensually enslaved is no longer autonomous
because of the enslavement. As Oshana puts it: “Consensual slavery,
regardless of the gains that it might provide and aside from any
benefit to the enslaved, transforms the human subject into a possession
or object of another and accordingly defiles the enslaved
individuals autonomy” [
        <xref ref-type="bibr" rid="ref21">21</xref>
        ]. Analogously, one might argue that if someone
willingly and knowingly enables an agent system that would place
severe strain on that person’s autonomy, that person’s autonomy is
lost. Not even necessarily by the doings of the agent system, but by
placing oneself in that situation in the first place. But of course, this
is an extreme case, and in practice this is unlikely to happen. People
are not out to restrict their autonomy, they wish to reach a particular
goal (e.g. having an agent system enforce strict dietary rules to
become healthy). In the end, intelligent support systems should strive
to help people reach those goals, but again, it is better to err on the
safe side and make sure that these systems are respectful of people’s
autonomy.
9
      </p>
    </sec>
    <sec id="sec-13">
      <title>Conclusion</title>
      <p>In this paper I have argued that the discussion about what
autonomous agent systems may and may not do should be framed
within the human rights framework. I have shown that personal
dignity and a human being’s right to (personal) autonomy are important
values in our society worthy of protection (guidelines 1 and 2), but
also how there is empirical evidence that a lack of perceived
autonomy negatively influences well-being. I have argued that the primacy
of human autonomy should therefore be acknowledged in all
discussions about what agent systems may and may not do in relation to
their human users or operators. In an attempt to meaningfully
answer the question when and to what extent an agent system may take
over control, I have made the case that control over something that is
autonomy-sensitive may be taken if and only if control is willingly
delegated, the delegator assumes ownership over the delegate
system, there is a mechanism in place with which to take back control
reliably and in a timely manner (guideline 3), and the system acts in
accordance with the delegator’s goals and core values (guideline 4).</p>
    </sec>
    <sec id="sec-14">
      <title>ACKNOWLEDGEMENTS</title>
      <p>I thank Joel Anderson and Arlette van Wissen for their helpful
comments on an earlier draft of this paper. I also appreciate the
suggestions made by the anonymous referees of the RDA2 workshop. This
research was supported by Philips and Technology Foundation STW,
Nationaal Initiatief Hersenen en Cognitie NIHC under the
Partnership programme Healthy Lifestyle Solutions.</p>
    </sec>
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