What question did this study set out to answer?

To examine the impact of agentic AI architectures on the common law reasonable duty of cybersecurity across threat management and risk management frameworks under U.S. law.

August 26, 2026Journal of Economic CriminologyOpen Access

Agentic AI and the reasonable duty of cybersecurity: The reasonableness paradox

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To examine the impact of agentic AI architectures on the common law reasonable duty of cybersecurity across threat management and risk management frameworks under U.S. law.
Conducted a legal doctrinal analysis evaluating U.S. common law standards of reasonable cybersecurity.
Assessed technical threat management and risk foreseeability considerations across multi-layered agentic AI architectures.
Agentic AI broadens architectural attack surfaces, thereby increasing the legal threshold of reasonableness and requiring courts to enforce dynamic, multi-layered cybersecurity standards.
The inherent unpredictability of agentic AI undermines the legal foreseeability of risk, challenging the traditional judicial recognition of common law negligence duties founded on foreseeable harm.
The resulting reasonableness paradox complicates the traditional balancing of interests required by courts to assess whether cybersecurity measures are legally adequate.

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Implication

Legal analysis reveals a reasonableness paradox in agentic AI cybersecurity law, indicating that broader attack surfaces conflict with reduced judicial risk foreseeability.

Cite This Study

El‐Khoury et al. (2026) studied this question.

synapsesocial.com/papers/6a9e323de2d0fc9581be6105 https://doi.org/10.1016/j.jeconc.2026.100245

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Implication

Legal analysis reveals a reasonableness paradox in agentic AI cybersecurity law, indicating that broader attack surfaces conflict with reduced judicial risk foreseeability.

Agentic AI and the reasonable duty of cybersecurity: The reasonableness paradox

Key Points

Discussion

Implication

Cite This Study

Agentic AI and the reasonable duty of cybersecurity: The reasonableness paradox

Key Points

Discussion

Implication

Cite This Study

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