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The Authority Dilemma: When Does an Authorized Agent Cross the Line into Unauthorized Purchases? | FBT Gibbons LLP

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FBT Gibbons LLP

The Authority Problem in Agentic Commerce: A Deep Dive

Agentic commerce faces significant challenges beyond just authentication. As AI agents engage in transactions, distinguishing between a linked account’s actions and the human’s true intent becomes crucial. This leads to the “authority problem,” where disputes arise over what an AI was actually permitted to do, crucial for legal and commercial frameworks. Traditionally, e-commerce merges identity, authority, and intent into one, but agentic commerce uniquely separates these facets. The system must clarify boundaries when an AI exercises discretion—whether in product selection or decision-making. As merchants rely on various trust signals, ambiguity increases and may result in disputes over unauthorized transactions even when all systems seem aligned. Therefore, businesses need to define how authority is expressed and the discretion AI agents possess. Understanding and addressing these complexities are vital as agentic commerce grows, ensuring robust transaction frameworks that withstand legal scrutiny.

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