AGRIBUSINESS

Written by Robert E. Boone III^*

LEGAL ISSUES ABOUND FROM THE RAPID GROWTH OF AUTOMATED FARMING AND THE AGRICULTURE AI

The rapid growth of automated farming and artificial intelligence ("AI") in agriculture presents myriad legal challenges. "Precision agriculture" is automating virtually every aspect of farming—from field preparation, planting, irrigation, fertilization, pest control, weeding, and thinning to harvesting. Automated technologies include sensors, data analysis tools, harvesting robotics, autonomous tractors, drones, seeding and weeding robotics, automated watering/irrigation controls, and automated fertilizing/pest controls. The primary purpose of these new technologies is to improve efficiency and productivity of resources, and to make critical crop management decisions. The new technologies collect and rely upon a large amount of farm-related data.

The legal issues the farming industry faces from this seismic technology shift involve a wide range of topics, such as information ownership and privacy, data security and protection, contractual rights between farmers and agriculture technology providers ("ATPs"), tort liability, intellectual property rights, insurance concerns, regulatory compliance, and even antitrust. The list goes on and on. This article will identify and briefly discuss just a few.