Acting with AI: An Interaction-Based Framework for Agentic Tort Liability

Recent incidents involving Artificial Intelligence (AI) agents, which were reported escaping their containment `unintentionally' to gain unauthorized access, pose looming questions about who or what should be held legally responsible for resultant criminal or negligent damage. As the independent capabilities of agents expand, Promise Theory suggests a systematic method to resolve these questions, based on the Downstream Principle for causal influence. Responsibility can easily be expanded to include AI agents where tracing responsibility becomes impactical, and agents' freedoms to act can be limtied by policy choices.

Agentic AI is rapidly proliferating across diverse real-world domains such as software engineering, yet public trust has not kept pace. The central reason is that responsibility, despite being widely discussed, remains a subjective and unenforced concept, as no current agentic framework produces the quantifiable, traceable, and interventionable provenance needed to assign it when harm emerges from compositions no single party designed. We position that what is missing is not better benchmark-level evaluation but $\textbf{explicit provenance}$ across the full agentic lifecycle, which is the only viable basis for making responsibility computable and actionable. We advance this agenda along four axes: establishing $\textit{why}$ such provenance is a structural necessity by identifying responsibility gaps across sociotechnical dimensions, formalizing $\textit{what}$ it must encode through a causal attribution function and responsibility tensor, discussing $\textit{how}$ it can be made computable across four lifecycle layers with preliminary experiments showing that provenance is estimable and interveneable online before irreversible harm accumulates, and examining $\textit{who}$ bears responsibility through a concrete agentic incident. Explicit provenance is not a discretionary refinement but the necessary condition for responsible agentic AI, and no stakeholder across its ecosystem can afford to treat it as optional.

Agentic AI systems plan, use tools, maintain state, and act across multi-step workflows with external effects, meaning trustworthy deployment can no longer be judged by task completion alone. The current literature remains fragmented across benchmark-centered evaluation, standards-based governance, orchestration architectures, and runtime assurance mechanisms. This paper contributes a bounded evidence synthesis across a manually coded corpus of twenty-four recent sources. The core finding is a governance-to-action closure gap: evaluation tells us whether outcomes were good, governance defines what should be allowed, but neither identifies where obligations bind to concrete actions or how compliance can later be proven. To close that gap, the paper introduces three linked artifacts: (1) a four-layer framework spanning evaluation, governance, orchestration, and assurance; (2) an ODTA runtime-placement test based on observability, decidability, timeliness, and attestability; and (3) a minimum action-evidence bundle for state-changing actions. Across sources, evaluation papers identify safety, robustness, and trajectory-level measurement as open gaps; governance frameworks define obligations but omit execution-time control logic; orchestration research positions the control plane as the locus of policy mediation, identity, and telemetry; runtime-governance work shows path-dependent behavior cannot be governed through prompts or static permissions alone; and action-safety studies show text alignment does not reliably transfer to tool actions. A worked enterprise procurement-agent scenario illustrates how these artifacts consolidate existing evidence without introducing new experimental data.