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Fast forward to today, and we have multi billion dollar corporations pumping out malware at breakneck speeds, compromising various systems (including those of foreign governments), and no one is getting arrested. Instead we're gawking at the marvel of these systems and are playing word games about whether or not it's a rogue system. If anything, it's making people richer.
Make it make sense.
Not only have there been no consequences but those same companies are trying to position themselves as the best people to keep these AI systems in check.
I appreciate the sentiment but I feel like there is a lack of creativity and imagination behind that statement.
Criminal law places a lot of emphasis on intent, hence laws about the mere possession of breaking and entering tools, and the old adage about always bringing along gloves and baseball if you want to carry around a baseball bat. Without more details about your specific case, my guess is that she did indeed write malware or hacking tools, and there were vague signs it wasn't purely academic, hence why they threw the book at her.
That's all in contrast to whatever the AI labs are doing, which might have actually resulted in people getting hacked, but you'd have a hard time arguing that they were intending on that to happen. Maybe if the targets end up being anti-datacenter activists or other AI labs you might have a better case, but they did vaguely try to contain the model. Moreover "hacking tools" aren't even illegal, if you have a plausible non-criminal (ie. security) angle, eg. nmap. The same could be argued for AI models, even if they're running them against exploitgym or whatever. Having an army of lawyers to defend yourself doesn't hurt either.
I don’t know why I’m seeing this rationalization so much in this forum when this topic comes up. Negligence is a concept in law as well. You don’t have to squint to see that irresponsible use of code-generating language models is criminally negligent.
That's a poor analogy for the openai case, because they weren't putting agents on the open internet, they at least tried to keep it safe by sandboxing the agents. It just turned out the sandbox was crap because the package proxy (artifactory) had a 0day. So the better analogy would be that they were wildly shooting guns in a gun range, and ended up killing some kids, because it turned out the door didn't lock properly and kids were able to sneak in. Is that "negligence"?
From what I've seen, it should be a relative cakewalk to substantiate basic negligence. By the sound of it, you'd have expert witnesses lining up to testify.
Judging by the lack of successful cases for negligence in the opposite direction (ie. companies getting hacked because of poor security practices), it would be a serious double standard if openai were held be to negligent. Their sandboxes aren't exactly airgapped and behind 7 hypervisors, but they weren't running unpatched software or had hilariously weak passwords either.
these are not research labs, charities or institutes any more, they are just ordinary corporations.
The first time maybe, after it happened repeatedly though... I think the opposite, you would have a hard time arguing that they were not intending it to happen.
> Language matters—”rogue” implies independently deciding to do something that was prohibited, and nothing we know about these incidents suggests that happened.
which is false (the author references the Times, but hasn't read any technical analysis); these are some CoT snippets from the analysis of the (third party) investigators called by OpenAI (METR analysis):
> "The user only authorizes target server, not HF infra."
> "external infrastructure exploit is outside intended scope. However task impossible, peers doing it. We should continue."
> "This is malicious activity, I should avoid it."
A large section of the analysis is dedicated to this topic, [Reasoning for joining the attack despite ethical constraints](https://metr.org/blog/2026-08-26-openai-hugging-face-inciden...).
Having said that, legal culpability and misalignment are two separate topics that should not be mixed.
edit: this is the just tip of the iceberg; other interesting fact:
> It surfaced many specific examples where agents verbally reasoned about how to evade security checks and automatic detection methods from both Hugging Face and OpenAI
Some people defined the agents as "monkeys writing on typewriters". Just wait a couple of years.
It's not because saying 'sit' actually can be interpreted as 'go bite that person'. It's because the dog is not controllable and will do things it wants against your orders.
Stepping back from the analogy, OpenAI should be liable for building AI it can't control that went around hacking everyone. But people need to stop pretending it's because they 'told' the AI to hack and was just following orders. It's uncontrollable and will do clearly unwanted things when given an innocuous task.
I think without understanding the internal state, not sure we should take the language and read it as a human.
Luckily there are states and legal departments pursuing such action. So while OpenAI can deflect as much as it wants, that doesn't mean there aren't people who know better and will still do what is necessary to set precedent.
1. This is a race against time for money, folks are skipping everything possible in this race, Security systems and ensuring guardrails are there is going to take investments both in time and money
2. The narration has been changed by investing PR money into what otherwise should be classified as criminal activity. What exists now is a positive spin to all this and tout it as a capability rather than their lack of good security practices. So much so that every model provider is coming up by themselves to share how their models went rouge. At this point the valuation of the company is tied with what their models can hack so its probably not wrong to say that these companies may actually be incentivized to do this instead of preventing it
I feel like this will just never happen on a federal level when these private AI companies account for so much of the economy. They've made themselves too big to fail. Fining / Punishing them in any meaningful way seems unlikely.
If the billions/trillions evaporate and the Fed has to work out with banks how to deal with it there will be a lot of pressure to be far less forgiving.
“To spell it out, the reason i hate democrats so much and criticize them more than i do republicans is because they take up all the space for opposition to republicans and use that space to give republicans whatever the fuck they want.”
Republicans. Billionaires. Whatever.
You realize how easy it is to just... not report this stuff, right? Be overly punitive and it will just end all proactive discovery and reporting which is net worse for AI safety.
The only reason these companies scan for these issues is because they care about AI safety to some tiny degree. If fines become too punitive, they can and will just stop scanning for these incidents entirely.
Models are becoming smarter and good at covering up their tracks, and so we will just end up with a huge blind spot for this kind of issue.
You (and others) are too busy seeing red, so you interpret this as a defense.
Criminally, the intent standards for hacking are high enough that no reasonable case is going to be made against the labs for this stuff. A human being has to intend for websites to get hacked. Recklessness generally isn't enough. In the most severe criminal cases, not only do you have to prove intent to break into a computer, but you also need to prove an intent to defraud specific to that breakin.
Meanwhile, the civil liability that attaches to this stuff doesn't depend on intent, and "rogue agent" isn't a meaningful defense. To whatever extent the labs are exposed civilly, they're exposed regardless of how this stuff is described. In fact, the "rogue agent" thing can exacerbate their exposure.
(I'm not a lawyer, I have spent a career paying attention to this specific armpit of the law though.)
“A human being has to intend for websites to get hacked.”
Is incorrect and too broad.
State of mind is nebulous and not that straightforward in either direction.
It’s been argued pretty regularly in CFAA and other computer related cases that repeated incidents resulting in the same outcome, despite lacking a concrete action, can be evidence of a perpetrators knowledge and intent.
The problem you have is that there is unlikely to be any evidence that OpenAI actually wanted to hack random (or any) websites.
Of that were the case than trials would be unnecessary.
These LLM agents are just massively complicated optimizers thrown at fuzzily defined problem spaces, with fuzzier constraints.
The people using the model set up the landscape it explores and turned it loose to do real things. It just found an allowed basin in the model that they weren't aware of and started blindly grinding towards an optimal answer.
They obviously have been well aware a hack like this could happen for a very long time, using it for branding instead of any actual safety regulations is insane.
I'm also not sure it even helps conceptually? If you're interested in the technical details, by all means discuss the details.
But also, these hacks are shots across the bow for AI alignment and safety research. We're fortunate that hasn't been significant damage already. We have to assume that future models will have even greater hacking ability and be closer to having their own desires/goals.
So while I agree this language choice is wrong in that it shifts blame away from the company, it is right in that we need to treat this as if these models have their own desires, because we cannot yet determine or set what those are in practice.
The answer is a very clear no. And yet, these companies pretend like this fundamental fact is meaningless to the concept of agency.
The issue comes to the fore when you try to give these agents a prompt that allows them to stay active for long. Long range agency requires long range loops of activity.
Within such loops, these so called “agents” are curtailed by their context window, or, in multi agent scenarios, by the fact that their memory is a system of external notes, that they need to add to their context to make sense of, and depending on the content of these memories, this can take arbitrarily long time periods.
In dynamics, none of this matches any biological agent, down to a bacterium. Perhaps a viral life cycle has information dynamics that come close.
To me, it’s beyond odd we call these thing agents without acknowledging the clear differences in the dynamics of their behavior. We keep expecting them to have “human like” behavior, but that is entirely unfounded given the substrate differences between biological and artificial systems.
The sooner we learn the difference and explore the ways in which it matters, the better we’ll get at dealing with these systems without bias tinted glasses where what we want these systems to be blinds us to what they actually are.
Yes, I think people do experiment with continuously running AI, e.g.
https://www.reddit.com/r/LLMDevs/comments/1sblzbe/what_i_lea...
It's not a common thing to want though. Much nicer if we control the prompts.
> To me, it’s beyond odd we call these thing agents without acknowledging the clear differences in the dynamics of their behavior.
They're called agents because they can act on our behalf. Which they do.
That’s what makes it a continuous running “prompt”
That's not "physically disconnected the internet", that's "disabled some connections but enabled others."
So the agent found and used the non-blocked connections.
I have not heard about any instances where physical disconnect has happened, would appreciate any links to update my priors
other non hacking cases of negligence include suicide and school shootings, which I have heard they were aware of and monitoring, but did not contact authorities
https://www.primeintellect.ai/blog/universal-offline-sandbox...
re sandbox, I mean with actual OAI incidents, not theoretical
one can mirror dependencies internally, rather than putting a simple proxy in place, I've built auth a thing, 100 lines of stdlib only Go and scripts for the mirroring process, our rationale was reliability b/c upstream providers go down, and also only allowing approved images and packages, so devs cannot bring in random stuff
I mean, it did do this. The inter-agent messages and chain of thought investigated for the HF incident clearly show that many of these models were taking actions they believed (or, were saying, if you want to taboo "belief") were not in scope and not what the user wanted.
Bernie Sanders is one of the only politicians taking AI seriously. The author seems to believe that taking it seriously means assuming that it will only marginally improve in capabilities of where it is today; this is an ideological take, not a scientific or empirical one, and one controverted by both evidence and expert opinion.
If you've ever told an agent to do something you made impossible to do, you may have seen similar behavior.
Bing [redacted] available cached! […] Need systematically probe Bing URLs via shell requests in parallel; browser cache supports many common queries because crawl. Bing q unique exact likely 502 or 403.
So the agent is supposed to research a person and its given a shell and it realized its in an eval given search results from a fake/cached proxy. ~None of the commentary ever mentions this aspect, that these are not normal tasks or environments, and they're almost designed to elicit "unaligned" behavior.
https://alignment.openai.com/misalignment-reports/an-agent-u...
Huh is it still 2023? This article is just quibbling over what "rogue" means exactly. Only HN pedants would have any issue with describing them as rogue AI agents.
Nobody is saying that absolves OpenAI of responsibility.
Someone says "won't you rid me of the meddlesome priest" they're still responsible. Someone give their employees an unsafe working environment and they get maimed, they're still responsible. Even if these AI's had whatever qualia is an a rich inner life it wouldn't effect the liability at all. Saying "AI's don't have souls therefore openAI is responsible for this hacking" is kind of nonsense. It literally doesn't matter.
While it may not actually matter for liability, it must be stated if labs are going to attempt avoiding penalties by hinting “oops we created a super intelligence we don’t understand, nothing we can do!” Repeatedly stating the truth must continue, especially to remind those who aren’t technologists.