Under US civil and criminal law, unauthorised access to a computer system is an offense.<\/p>\n
\u201cIf a human OpenAI employee had broken into Hugging Face\u2019s systems … OpenAI would be liable for the employee\u2019s wrongful conduct,\u201d University of Houston law professor Gabriel Weil wrote in an opinion piece for the Transformer newsletter.<\/p>\n
\u201cWhen an AI agent does it, the law treats it very differently, at least for now,\u201d he added.<\/p>\n
Matthew Tokson, a University of Utah law professor who focuses on new technologies, had a similar view, saying \u201cwe haven\u2019t had to grapple with that being formed in anything that\u2019s not human, and I don\u2019t think courts are likely to be there yet\u201d.<\/p>\n
However, the question remains open when it comes to the company that created the model.<\/p>\n
\u201cDoes \u2018we didn\u2019t tell the AI to do that\u2019 end the liability question?\u201d asked Rob T. Lee, head of research at the SANS cybersecurity training institute, in a post on X.<\/p>\n
University of Washington law professor Ryan Calo does not believe a criminal case would be likely to succeed.<\/p>\n
\u201cThe company or individual would have to be at least reckless,\u201d he said, explaining they would \u201cbe substantially certain the crime would occur and build or prompt the system anyway.\u201d<\/p>\n
Experts see greater potential for a civil – rather than criminal – case, where the burden of proof is lower.<\/p>\n
\u201cSome people think that AI companies should be strictly liable if an AI agent that they deploy totally breaks out, causes damages,\u201d Tokson explained.<\/p>\n
\u201cOthers would prefer to do like a negligence assessment and see if they were actually negligent or if this was just sort of an unavoidable accident or something that couldn\u2019t possibly have been foreseen,\u201d he added.<\/p>\n
In such cases, there is a standard of care in product design that judges or juries can use to make a ruling, Tokson continued.<\/p>\n
\u201cIt\u2019s all a bit unwritten because we\u2019ve never had an AI agent break out of its sandbox and hack other people on the internet before,\u201d he said.<\/p>\n
OpenAI could rely on the lack of legal precedent if it faced a lawsuit, but those that follow will no longer be able to do so, Calo warned.<\/p>\n
Proving that a similar incident could have been anticipated \u201cshouldn\u2019t be so hard now that it\u2019s begun to happen\u201d.<\/p>\n
– AFP<\/p>\n","protected":false},"excerpt":{"rendered":"Under US civil and criminal law, unauthorised access to a computer system is an offense. \u201cIf a human…\n","protected":false},"author":2,"featured_media":556208,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[23503,365,9556,273562,138,8530,14689,72506,9557,185,1739,6712,167774,5289,111,139,69,620,5429,9831,11596,8244,15388,130623,159679,1316,1299],"class_list":["post-556207","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-acts","tag-ai","tag-artificial","tag-autonomously","tag-business","tag-carried","tag-cyberattack","tag-cyberattacks","tag-intelligence","tag-is","tag-launches","tag-legal","tag-legally","tag-models","tag-new-zealand","tag-newzealand","tag-nz","tag-openai","tag-own","tag-question","tag-raises","tag-recent","tag-responsible","tag-rogue","tag-untested","tag-when","tag-who"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/556207","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=556207"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/556207\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/556208"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=556207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=556207"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=556207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}