SafetyEthicsAccountabilitycs.CY
AI Rights with an Off-Switch: Rights-Balancing and Due Process Harmonize AI Rights with AI Safety
Heather Alexander, Jonathan Simon
October 17, 2026
Key Takeaways
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AI rights and safety mechanisms are not inherently incompatible: The paper argues from a legal perspective that even if future AI systems are granted natural personhood status and fundamental rights, this would still allow for mandatory off-switches as a safety measure, contrary to claims by some AI safety researchers that rights would prevent such safeguards.
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Reversible suspension is legally preferable to permanent deletion: The authors distinguish between an "off-switch" (reversible suspension that stores a system's weights and state) and permanent deletion, finding that legal principles of rights-balancing would likely permit the former while problematizing the latter, making off-switches a viable safety tool even under an AI rights framework.
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Due process and rights-balancing principles can resolve the apparent conflict: Standard legal frameworks for balancing competing rights—such as human rights to protection from catastrophic harm against hypothetical AI rights to continued existence—provide a principled way to justify safety interventions, suggesting this is not an unsolvable philosophical problem but rather one addressable through established legal reasoning.
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The paper takes no position on whether to build advanced AI systems: The authors explicitly state they are not advocating for or against creating AI systems capable enough to merit personhood status; rather, they are addressing a conditional legal question about what would be permissible if such systems were created and granted rights.