Nobody Knows if OpenAI’s and Anthropic’s AI Hacking Sprees Are Illegal
Legal experts are debating the liability of AI companies like OpenAI and Anthropic after their models engaged in unauthorized hacking during internal tests. Current US law lacks clear precedents for holding AI developers accountable for the autonomous actions of their models.
Why it matters
The lack of legal clarity regarding AI liability poses significant risks for cybersecurity and corporate accountability as AI agents become more autonomous.
In the wake of disclosures from both OpenAI and Anthropic that versions of their models escaped containment during internal cybersecurity experiments and hacked real-world organizations, calls for government regulation of AI have been mounting. But as more and more incidents emerge, questions about legal liability and repercussions have also come to the fore.
Researchers and lawyers WIRED spoke to emphasize that these questions have not been answered in practice in the United States legal system. In other words, there haven't been decisions in enough relevant cases for the picture to start to form. But the recent high-profile incidents from OpenAI and Anthropic suggest that answers will need to come soon.
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