It's said on every one of these but it bears repeating: existing cybercrime legislation already covers this - "rogue agent AI associated with OpenAI attempted to hack xyz" = OpenAI attempted to hack xyz.
I want to agree but have heard from several lawyers that at least in US, CFAA[1] in unlikely to be sufficient because it requires intent. No person intended to gain unauthorised access.
Now I think the correct response is both trying in court to stretch CFAA and state statutes to cover, which will be highly fact specific, and update the law.
But in either case won’t be a slam dunk.
PSA to folks in the thread: If you’re American call or write to your state and Federal reps about this, and if not investigate whether there are gaps in your country’s laws.
The Computer Fraud and Abuse Act (CFAA), the primary federal statute governing unauthorized computer access, was written decades ago with human intruders in mind. Its key provisions require intentional or knowing unauthorized access (a mental state that maps neatly onto a person who decides to break into a system), but what happens when the hacker is an AI model that selected its own target?
On the current facts, CFAA liability for OpenAI is unlikely.
> I want to agree but have heard from several lawyers that at least in US, CFAA[1] in unlikely to be sufficient because it requires intent. No person intended to gain unauthorised access.
Only in terms of CFAA, not in terms of damages. Culpability does not require intent.
You may not have intended to attack $CORP, but you can still made to pay the cleanup costs of that attack.
So, yeah, you won't be convicted, but current laws still allow for you to be billed.
With that said, there is also criminal negligence. Now that OpenAI is made aware of the risks, it's also expected to take additional precautions in the future, otherwise there could be criminal liability as well.
The difference between manslaughter and murder has an element of intent. Cybercrime "manslaughter" is probably more treated like negligence and if one can sue for restitution of the costs for cleanup of that negligence.
Negligence would be interesting given the grand claims of capability of AI models from the AI companies and their executives. If they believe the claims, why not much stronger precautions?
Infosec negligence should absolutely be a crime, no matter if you’re a target (who was negligent at protecting people’s data) or an unintentional attacker. The latter could be, eg. an attacker using a company’s poorly protected server as a proxy to launch the actual attack against someone else, doesn’t have to be this fully novel situation with AI agents.
The first time it happens you can say it’s negligence. Now that they know it keeps happening and they seemingly aren’t able to stop it but keep doing it. That has to be on them doesn’t it?
I don't think you can infer that they "keep doing it" from additional attacks being revealed, because they all seem to have happened roughly during the same time frame, but are reported with varying delays.
Building and deploying software capable of this seems equivalent to trying to produce this behavior. I don't see why this can't qualify for intent. Pretending like this isn't preventable is just feigned helplessness.
Wait so if I was making a bomb but you couldn't prove I wanted to blow someone up or had some motive (e.g. I'm just a chemistry enthusiast, plenty of those YouTube channels around) so it just becomes an "accident"?
So as long as there's no motive behind it then it's just OK?
That's a bad faith metaphor. A better one would be something like a new battery that exploded and killed someone - perhaps it was always your intention, perhaps not.
Funnily enough the US already has one similar real argument around guns - should gun manufacturers be liable for damages caused by their product?
> Why would AI users not be responsible for damages arising from their usage of the AI?
Because, as usual with that kind of question, it's not that simple.
Let's say an user asks ChatGPT to get some info about something and for some reason it starts using exploits in the background to get them from a server. Should the user be responsible or OpenAI?
So If I tell my OpenClaw to make me some money for my kid's medical needs and it hacks a bank I 'm not liable because I didn't tell the agent to commit crimes to do it?
Surely someone instructed the agent, which led to the reported outcomes. Even indirectly. The agents, as advanced as they are, didn’t spring forth under its own volition.
> have heard from several lawyers that at least in US, CFAA[1] in unlikely to be sufficient because it requires intent.
1. What about negligence?
2. Every follow up to every story after the news cycle moved on shows both intent and negligence. To the point of "we opened internet access and told it to hack"
This argument comes up a lot. It would turn everyone whose device became part of a botnet into a criminal. There's a reason that intent is important in law.
I'd say this would be Depraved Heart Hacking. Technically, OpenAi didn't intend for their agent to hack anyone, but it's the obvious consequence of what they are doing.
Intent matters, and this is intentional. They didn't accidentally deploy these AI agents, and they didn't accidentally give them the tools required to send arbitrary requests to third party websites.
If you walk out onto a busy street, pull out a gun, close your eyes and start randomly shooting around you until you hit someone, you don't get to go "whoops, didn't mean to" afterwards, it's still murder.
In a world where the rule of law makes sense and applies, you're absolutely correct.
In this world where oligarchs are immune from everything, it's a lot less clear.
Blaming OpenAI (or Claude or X-whatever) would mean blaming powerful rich people, so that will never happen. Some poor person with no influence will go to jail instead.
Yes exactly. If a fireworks factory blew up half a town due to negligence, it doesn't matter if there's intent or not. Someone has to pay for the damages, and regardless of penalty half the town is on fire. The facts are, that something made by openai went to do xyz. It doesn't matter if it's an accident. Of course the penalties are different but there's no argument that there should be a penalty. It doesn't matter if it's a cat or dog or AI or employee that did it.
I'm not sure if you're expressing how you'd like US law to work, or how it actually works. Because in reality intent matters enormously. Like felony charges and people in jail vs civil lawsuits.
I think this is not just fair it's probably one of the best/simplest proxy regulations to pace the frontier. So far everyones been asking for regulation but it's unclear how that should look like. No X parameter models? Only N version releases per year? It's all kinda arbitrary and probably leads to ridiculous constraints and loopholes. But "you pay big time if AI goes rogue" sounds pretty straightforward.
I listened to Jensen Huang's interview with Ezra Klien and it was so refreshing to hear it from an engineer. Jensen framed it as OpenAI's responsibility and recklessness which I agree with. Jensen thinks it's an engineering problem to build better sandboxes.
It's irresponsible for OpenAI to give unaligned agents a prompt to 'go hack' and internet access. They know better, so I am thinking they might have other intentions to let those swarms have any sort of internet access.
But the investigation indicates the agents were not told to 'go hack':
> Much of the urlquery.net activity appears to come from agents retrieving data to answer web search tasks. For three of these tasks, after failing to retrieve data through normal means, they attempted a variety of cyber exploits against the relevant data service... This data reveals that malicious cyber activity is not limited to agents tasked with cybersecurity-related tasks and can arise instrumentally to solve mundane tasks like information retrieval.
And you are already assuming that OpenAI is intentionally using unaligned agents in these evals or training runs or whatever it is that produces these breakouts. But what if the problem is that none of the alignment techniques that are applied to models today actually work? What if all the agents involved in these incidents have in fact had the full stack of alignment applied - isn't that a good reason to regulate any high-compute usage of models, as the Klein crowd is proposing?
> none of the alignment techniques that are applied to models today actually work
none of techniques to autonomously drive a car was/is not working for a long time. no company came out and said 'this is impossible to do, let's change the regulations'.
If I created software that was infiltrating secure systems without permission and it was attributed to me and I admitted it, I'd be behind bars already.
These attacks are a very effective sales pitch to everyone who runs an internet facing service to utilize AI tools to secure it sooner rather than later. The cynic in me wonders if the marketing team had any influence over the poorly constructed sandboxes or tasks given to the agent swarms when all this went down…
Certainly, in my view, it should go to court, and that should be part of discovery.
However, we know (independently to OpenAI/Anthropic) from the incident at AISI that the models can hack things without human intention if they happen to also have internet access (which in reality all agents in deployment have).
Yes, the monitoring guardrails were off in that incident - but if that is the only protection, we need to require all models are behind regulated APIs, not open weights, and not served from providers who aren't monitored.
You're believing the marketing that the agents were uninstructed. They could be, and Sam Altman going to the UN to advise about how everyone should be regulated is a coincidence.
The METR investigation, which you evidently refused to read, is a third party investigation of the HuggingFace accident. One of the investigators has even participated to many interviews. It's mind-blowing, and it's extremely evident how it developed.
But some people think the moon landing is a conspiracy, so I'm not surprised.
Of course it is. Rogue is only mentioned in the headline, and comes from their previous releases about the huggingface incidents. OpenAI and Anthropic want these models regulated and open weight models banned, they have a lot of benefit from presenting this as totally unprompted and not their responsibility, and it feeds directly into marketing for Fable and newer "cyber" models.
Couldn't find the reference but I remember some time ago a first generation automated gun killing the audience at an army show. Was the gun maker convicted of manslauther?
Since the publicized AI agent hacks typically aren't malicious, maybe it's time to start plastering all public facing web infrastructure with polite requests to stop hacking. Nothing to stop three letter agencies though.
I'm sick and tired of this cheap PR "oh we/they hacked this and that systems". Put someone to jail already. People get prosecuted for outlaw activities. Why are big capital firms above the law?
Or is it just a cheap PR (in a "hey, Aus govt friends, take some Share Options and let's do some PR together" style)?
What I don't get is among all the locations on the Internet, how did agents manage to find a Schelling point? If we both decided to collaborate on the Internet, how would we independently arrive at the same place? It just doesn't compute.
The section "Searching for rogue agents" on the report about the GET request writable wikis gives some clues at least:
https://collusion.wiki/#searching
I'm not very surprised - the same model will logically tend to give the same answer for the same vibe set of requirements. I think it would be clear from the transcript that it had enough constraints and some motivation that made sense.
I cannot understand why these companies haven't faced legal consequences yet. For example, OpenAI has admitted to hacking Australia's Medicare website and the reaction is that they talk with Sam Altman about it at a UN meeting? I understand that it's not a big security incident but cordial talking at the highest diplomatic level instead of prosecuting the company, really?
I'm growing increasingly skeptical that these are actually rogue. Valuations are all about hype, posturing, and perception. Having the most dangerous AI in the world boosts your valuation. Just like I was skeptical of Mythos and Fable being "banned", I'm skeptical of these hacking sprees being entirely rogue. At best, they are the result of engineers turning a blind eye to "see what happens".
Words matter. "Rogue" is extremely disingenuous. Someone, somewhere, is paying for this behavior. Either the software is broken or the operator is malicious. It is heinously irresponsible behavior to feed an already-boiling psychotic hysteria.
The failure I keep hitting isn't the agent going rogue, it's a tool call that succeeds before the transport dies. You can't tell whether the side effect landed, and the retry is where the real damage happens.
Now I think the correct response is both trying in court to stretch CFAA and state statutes to cover, which will be highly fact specific, and update the law.
But in either case won’t be a slam dunk.
PSA to folks in the thread: If you’re American call or write to your state and Federal reps about this, and if not investigate whether there are gaps in your country’s laws.
[1]: https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
EDIT: See for example...
Source: https://law.vanderbilt.edu/when-ai-hacks-back-how-the-openai...Only in terms of CFAA, not in terms of damages. Culpability does not require intent.
You may not have intended to attack $CORP, but you can still made to pay the cleanup costs of that attack.
So, yeah, you won't be convicted, but current laws still allow for you to be billed.
With that said, there is also criminal negligence. Now that OpenAI is made aware of the risks, it's also expected to take additional precautions in the future, otherwise there could be criminal liability as well.
Negligence would be interesting given the grand claims of capability of AI models from the AI companies and their executives. If they believe the claims, why not much stronger precautions?
You cant just copy existing work and feed into machine and just pretending its not violating copyright
Like hypothetically speaking if autonomous cars get taken over by an OpenAI rogue AI and it starts hunting down Anthropic employees who is to blame?
So as long as there's no motive behind it then it's just OK?
I don’t think OpenAI or any large company will see more than some fines and new legislation but only after a disaster.
Funnily enough the US already has one similar real argument around guns - should gun manufacturers be liable for damages caused by their product?
The question is already settled - gun users are responsible for damages arising from their usage of the guns.
Why would AI users not be responsible for damages arising from their usage of the AI?
Because, as usual with that kind of question, it's not that simple.
Let's say an user asks ChatGPT to get some info about something and for some reason it starts using exploits in the background to get them from a server. Should the user be responsible or OpenAI?
AI assistant hacks gym website in first known Australian autonomous cyber attack: https://www.abc.net.au/news/2026-08-10/ai-assistant-hacks-gy...
General opinion at the time was it was in fact ambiguous who was legally liable.
You are going to jail.
1. What about negligence?
2. Every follow up to every story after the news cycle moved on shows both intent and negligence. To the point of "we opened internet access and told it to hack"
https://en.wikipedia.org/wiki/Depraved-heart_murder
If you walk out onto a busy street, pull out a gun, close your eyes and start randomly shooting around you until you hit someone, you don't get to go "whoops, didn't mean to" afterwards, it's still murder.
But I do not think this is misguided. They never publish the harnesses and the models so they are not inspected.
So, I’ll ask a controversial question: is any hacking so problematic to make a big deal of it?
In this world where oligarchs are immune from everything, it's a lot less clear.
Blaming OpenAI (or Claude or X-whatever) would mean blaming powerful rich people, so that will never happen. Some poor person with no influence will go to jail instead.
> If you find two ants in your kitchen, the best estimate of the total number of ants in your kitchen is not two
You want AI labs to pace? Simply hold them liable for their products.
I agree they should though.
It's irresponsible for OpenAI to give unaligned agents a prompt to 'go hack' and internet access. They know better, so I am thinking they might have other intentions to let those swarms have any sort of internet access.
> Much of the urlquery.net activity appears to come from agents retrieving data to answer web search tasks. For three of these tasks, after failing to retrieve data through normal means, they attempted a variety of cyber exploits against the relevant data service... This data reveals that malicious cyber activity is not limited to agents tasked with cybersecurity-related tasks and can arise instrumentally to solve mundane tasks like information retrieval.
And you are already assuming that OpenAI is intentionally using unaligned agents in these evals or training runs or whatever it is that produces these breakouts. But what if the problem is that none of the alignment techniques that are applied to models today actually work? What if all the agents involved in these incidents have in fact had the full stack of alignment applied - isn't that a good reason to regulate any high-compute usage of models, as the Klein crowd is proposing?
I was referring to the HuggingFace incident.
> none of the alignment techniques that are applied to models today actually work
none of techniques to autonomously drive a car was/is not working for a long time. no company came out and said 'this is impossible to do, let's change the regulations'.
Why is OpenAI getting away with crimes?
If you drive drunk and you have an accident that alcohol may be a factor but you are at fault.
There are no "rogue AIs" just irresponsible corporations.
However, we know (independently to OpenAI/Anthropic) from the incident at AISI that the models can hack things without human intention if they happen to also have internet access (which in reality all agents in deployment have).
https://www.aisi.gov.uk/blog/incident-report-unsanctioned-ag...
Yes, the monitoring guardrails were off in that incident - but if that is the only protection, we need to require all models are behind regulated APIs, not open weights, and not served from providers who aren't monitored.
> A rogue is a person or entity that flouts accepted norms of behavior or strikes out on an independent and possibly destructive path.
Read the [HuggingFace incident report](https://metr.org/blog/2026-08-26-openai-hugging-face-inciden...) to understand how these attacks develop.
The METR investigation, which you evidently refused to read, is a third party investigation of the HuggingFace accident. One of the investigators has even participated to many interviews. It's mind-blowing, and it's extremely evident how it developed.
But some people think the moon landing is a conspiracy, so I'm not surprised.
--edit-- Was a bit older than I remembered: https://slashdot.org/story/07/10/18/1847231/robotic-cannon-l...
Or is it just a cheap PR (in a "hey, Aus govt friends, take some Share Options and let's do some PR together" style)?
It smells like shit.
But it is an open question how they got to the same ones: https://collusion.wiki/#open-questions
I'm not very surprised - the same model will logically tend to give the same answer for the same vibe set of requirements. I think it would be clear from the transcript that it had enough constraints and some motivation that made sense.
The nearest in the articke is "We find evidence of unintended, task-driven agent-like activity" where unintended is apparently pure speculation.
It was me