If OpenAI staff runs an ExploitBench knowing the risks, and it hacks into HF, they KNEW the risk going into it and a bad/illegal outcome happened
If a random teacher opens ChatGPT and asks "Hey what's the answer to this practice SAT problem?", and it hacks the CollegeBoard for the answer, said teacher probably wasn't aware that was even an outcome that could plausibly occur. OpenAI would have that foreknowledge, though
It's your random OpenClaw users who have no idea what they are doing, and might be insulated.
I mean, you and me may be held responsible ya. OpenAI Sammy? Never.
And what about the agents showing up from some random IP overseas that have ran off with your bank account? Maybe in a few years they'll trace the proxy hops back to some agents cluster here in the states.
Criminal liability perhaps, not civil liability which has a way lower bar when it comes to conviction...
But in essence, you're right, that new "AI agent paradigm" has to be tried in court and it will, as I doubt the legislator will change existing laws...
> The first time it bites somebody, you may not be liable because you didn't know the dog was dangerous
Is it the case though? If I get a lion or a tiger as a pet (I don't know if it's legal), there is a reasonable assumption that a lion is dangerous for me and others... If I get a rottweiler, there is a reasonable assumption for that sort of breed that it is a dangerous dog if it ever end up killing someone even though it behaved before...