Do AI agents give valid consent?

An AI agent cannot independently decide that a user has given valid consent. It may transmit a preference when the user has deliberately configured or authorized it to do so, but the underlying decision must still satisfy the applicable valid consent requirements. An agent predicting that the user would probably agree is not the same as the user making an informed choice.

This should also be distinguished from browser-level signals such as Global Privacy Control. GPC communicates an opt-out preference under laws that recognize such signals; it is not an AI agent creating consent on behalf of the user. California and Colorado both recognize GPC in relevant opt-out contexts.