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.
The "lack of intent" argument under the CFAA is weak when you look at how the law handles other autonomous risks, like dangerous animals. Laws often impose strict liability. You are responsible regardless of your intent or prior knowledge. If your dog bites someone, you are legally responsible for the damages under strict liability or negligence laws.
OpenAI were conscious when they deployed an autonomous agent. Even if they didn't intend the specific hack, they intended to unleash the system that caused it. Courts can easily map that initial intent onto the resulting damages, just like holding an owner liable for a dog that bites on its own.
Besides (slightly off topic), while people argue about a "lack of intent" for the hack itself, I propose everyone to not forget that these systems were built by intentionally scraping and plundering the entire internet in the first place.
> 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.
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?
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?
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.
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.
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.
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?
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?
> 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"
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.
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.
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.
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.
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.
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)?
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?
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.
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?
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.
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...OpenAI were conscious when they deployed an autonomous agent. Even if they didn't intend the specific hack, they intended to unleash the system that caused it. Courts can easily map that initial intent onto the resulting damages, just like holding an owner liable for a dog that bites on its own.
Besides (slightly off topic), while people argue about a "lack of intent" for the hack itself, I propose everyone to not forget that these systems were built by intentionally scraping and plundering the entire internet in the first place.
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.
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
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?
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"
But I do not think this is misguided. They never publish the harnesses and the models so they are not inspected.
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.
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.
You want AI labs to pace? Simply hold them liable for their products.
It was me
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.
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.
Why is OpenAI getting away with crimes?
> 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.
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.
--edit-- Was a bit older than I remembered: https://slashdot.org/story/07/10/18/1847231/robotic-cannon-l...