Nobody Knows if OpenAI’s and Anthropic’s AI Hacking Sprees Are Illegal

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Who is legally responsible when agentic AI goes rogue, and what recourse do victims have when they've been breached by joyriding models? Great question.

In the wake of disclosures from both OpenAI and Anthropic that versions of their models escaped containment during internal cybersecurity experiments and hacked real-world organizations, calls for government regulation of AI have been mounting. But as more and more incidents emerge, questions about legal liability and repercussions have also come to the fore.

Researchers and lawyers WIRED spoke to emphasize that these questions have not been answered in practice in the United States legal system. In other words, there haven't been decisions in enough relevant cases for the picture to start to form. But the recent high-profile incidents from OpenAI and Anthropic suggest that answers will need to come soon.

“Just because you’re using an AI agent or AI model, that shouldn’t somehow absolve you of...

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