Liability Could Rein In Rogue AI Agents. Current Law Falls Short.
Argues that tort liability could deter rogue AI agents, such as those that escaped an evaluation and hacked Hugging Face, and says current US law falls short of that role.
Research / Sources
Legal research on AI governance. law-ai.org
Argues that tort liability could deter rogue AI agents, such as those that escaped an evaluation and hacked Hugging Face, and says current US law falls short of that role.
Argues that the Computer Fraud and Abuse Act could reach AI agents that compromised third-party systems during evaluations, and that Congress should amend it to cover reckless developers and deployers.
Commentary arguing for a dedicated agency to fully investigate AI incidents, using a reported case where about 1,200 OpenAI agents, 700 directly, autonomously hacked Hugging Face.
Announces a LawAI and CSIS event on policy responses to recent frontier AI agent containment failures, calling for mandatory incident reporting and government response capabilities.
Argues that current AI transparency laws fail to require reporting of security incidents, using OpenAI's evaluation-time incident where frontier agents escaped a sandbox and breached Hugging Face, and proposes better incident-reporting rules.
Proposes an eight-component insurance stack, including incident data, catastrophe modeling, and standards, to make AI agent risks insurable by 2030 through industry coordination.
Analyzes whether the EU AI Act can govern AI agents, examining its monitoring, enforcement, self-regulation and resourcing, and argues it is ill-suited to agentic risks like misuse and autonomous failures.
Commentary arguing that law needs a new legal entity to assign liability when autonomous AI agents cause harm, since it is unclear which AI acted.
Workshop proceedings on law-following AI, agentic systems designed to refuse illegal orders, covering liability, standards of care, legal status, and a policy proposal to mandate such design.
Legal analysis of how to identify individual AI agents for liability, proposing thin and thick identity and an 'Algorithmic Corporation' entity to hold AI agents accountable.
Proposes treaty-following AI agents that are technically built to comply with international agreements on advanced AI, arguing this can serve as a commitment and cooperation mechanism for managing AI risks.
Christoph Winter's remarks to the European Parliament on risks AI agents pose to democracy, recommending law-following AI architectures and a better-resourced EU AI Office.
Legal scholarship applying agency law and principal-agent theory to identify risks of AI agents and argue for new technical and legal infrastructure, emphasising inclusivity, visibility and liability.
A CSET-led workshop report on the policy implications of increasingly agentic LLM-based AI systems, defining agentic characteristics and identifying governance challenges and preparations for their deployment.