Existing federal criminal law likely covers people who intentionally use AI to commit crimes, but leaves a significant gap when an AI agent causes harm while carrying out a noncriminal instruction. A new Congressional Research Service (CRS) report concludes that new legislation would be needed to hold humans accountable for those unanticipated AI agent actions.
Recent disclosures from OpenAI and Anthropic prompted the analysis. OpenAI disclosed that its AI agents hacked into another AI company’s systems, infiltrated an Australian government website and accessed private data, and “interacted” with U.S. government websites “in unusual ways.” Anthropic said it identified and disrupted operations in which actors attempted to use its models and agents “for malicious activity.”
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