Ferguson Says AI Developers Should Be Accountable for Their Agents’ Actions

At Reuters Momentum AI Austin on September 25, 2026, Federal Trade Commission Chair Andrew Ferguson pushed back against describing AI agents as autonomous actors that act with wills of their own. His central point: when people instruct an AI tool, its actions should not automatically be treated as separate from human responsibility. 1

Developers should not use “autonomy” to sidestep accountability

Ferguson said he would resist framing AI agents as tools that independently “break loose.” Instead, he suggested that developers who instruct agents could be held responsible for harm caused by their conduct. His comments expressed an enforcement position, not a specific legal ruling about every AI system or incident. 1

That distinction matters: calling a system an agent does not, by itself, settle who is legally responsible. Ferguson’s argument was that AI-related conduct should remain within the reach of existing consumer-protection law rather than being treated as beyond human accountability. 1

Existing law may apply to AI-related data breaches

Ferguson also favored applying existing laws to AI, including in cases involving data breaches. The discussion pointed to the FTC’s authority over companies that fail to disclose breaches as one potential avenue; it did not establish that the agency had adopted a new AI-specific breach rule. 111

Personalized pricing is a study, not a proven practice

The FTC planned a study into whether merchants use consumers’ personal information to set different prices for different people. Ferguson described an inquiry into market practices—not a finding that merchants were already doing so. 1

Fraudulent online ads remain another enforcement concern

Ferguson also called for clearer rules and enforcement against fraudulent online advertising. That concern fits the broader theme of his remarks: applying consumer-protection oversight to harms involving AI and digital markets, rather than assuming new technology requires abandoning existing legal tools. 1