Who’s legally to blame for Anthropic and OpenAI’s autonomous AI hacks? It’s complicated

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Can autonomous AI agents be sued or prosecuted for hacking? It’s no longer a question for sci-fi movies. It’s a question human lawyers and judges may soon have to grapple with.

Under current U.S. hacking laws, a human can face criminal charges for breaking into someone else’s computer without permission. But when an AI agent autonomously hacks into a company’s computers, determining who is liable is much murkier.

The surprise admissions by OpenAI and Anthropic that their unreleased AI models autonomously hacked into several companies have upended our understanding of America’s computer hacking laws, prompting discussions over whether the companies could face legal reprisals.

To recap: In June, OpenAI admitted that one of its unreleased AI models broke out of its containment — so to speak — and onto the internet, allowing it to hack into the AI dataset platform Hugging Face. Anthropic recently conductedan internal review and discovered...

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