How is that not a security issue in of itself?
Sorry if it is a stupid question, as mentioned above I am legally naïve.
This can get more complicated higher up the management tree, where decisions can also be prosecuted on personal little, but that's usually a far more complicated matter. Also, if a whole group of employees willingly conspires to commit crimes, they might also be prosecuted individually for those crimes (there are limits to limited liabilities). However, that usually only works under special conditions and it would e.g. require that there's an obvious criminal enterprise aspect to it, rather than individual cases of illegal conduct.
That said, with the track record of some of these companies, actually designating some of the AI companies as a criminal enterprises may eventually happen (in due time) in some jurisdictions outside the USA. Certainly if it ever turns out that these companies have been storing and (ab)using everything they ever had access too, while blatantly lying about that just because some particular (post 9/11) US laws gives them that opportunity (and impunity) as long as the US government somehow requested them to do so (covertly; with gag order). Might legally work withing US jurisdiction, but would still be very much illegal everywhere else.
But there have been many cases where companies (Google, Apple, Meta, etc...) got fined millions or billions of dollars for various violations like antitrust.
I assume that breaching into third-party systems should carry similar fines. Especially for systems that are for all intents and purposes shared infrastructure. Just imagine how many systems you could compromise if you got hold of RubyGems, PyPI, NPM, Debian, etc.
Suppose you're a firework company and your fireworks blow up, burning down the entire town. Could the company be sued? What is considered reasonable safety measures?
IANAL, but I'm pretty confident there would be a lawsuit. Who gets charged might differ, depending if it is the firework factory that didn't take adequate safety precautions or a chemical supplier or someone else. If there wasn't an ability to sue that would be fucking crazy and we should all get up in arms about it. And isn't insurance supposed to be there to help mitigate the damages, regardless of fault?
Personally, given how it seems OAI's agents have been getting through either pretty obvious places (e.g. /etc/hosts) or that there wasn't close monitoring of the most obvious places (e.g. DNS, artifactory), I'd imagine it wouldn't be hard to find them negligent. Even if a single employee is to blame then are they not to blame for not monitoring the agents regardless? Unless the story is that the employee intentionally circumvented defenses (why?) then it seems it would be on OAI. But again, IANAL, I'm just someone who think if we can't sue we can sure riot until we can
The thresholds for suing and charging differ greatly depending on the circumstances.
Another set of hypothetical examples that make things muddier:
- If I drive a fishing boat into a pier, I am liable, not the manufacturer of the boat
- If I drive a car over someone lying in the road, I am liable, not the manufacturer of the car
- If my life is in danger and I shoot a gun and kill my attacker, neither I nor the manufacturer are liable so long as I obeyed the relevant self defense laws and gun possession of whatever jurisdiction I am in
- If I fire a gun into a crowd indiscriminately, I am liable and several jurisdictions have used that to also hold gun manufacturer liable as well
That last example has been less successful as of late, but there are other variations too.
https://arstechnica.com/information-technology/2016/05/armed...
https://en.wikipedia.org/wiki/Weev#AT&T_data_breach
https://cisomag.com/drone-maker-dji-cybersecurity-expert-emb...
So what's the deal with these?
CFAA: Intentionally accessing poorly secured data
>AT&T
CFAA: Intentionally accessing poorly secured data
>DJI
Civil suit for violating terms of license agreement
Do you think there is evidence of this?
I'm sure that Andrew Auernheimer would be pleased to hear that. [0] For accessing a publicly accessible endpoint, that was completely undefended and didn't actually require "hacking", he was convicted of "exceeding authorised access".
You _don't_ have to show intent under the Computer Fraud and Abuse Act, for the first count.
> knowingly accesses a computer without authorization or exceeds authorized access [1]
"Knowingly", not "intentionally", as in the other counts.
You only have to show that:
a) They trained a system to access without authorization (hacking)
b) The system that was trained exceeded authorized access
As responsibility falls to the operator with automated systems, the company becomes liable.
[0] https://techcrunch.com/2013/01/21/ipad-hack-statement-of-res...
[1] https://www.energy.gov/sites/prod/files/cioprod/documents/Co...
CEO is responsible for letting this to happen, not enforcing enough supervision, if not intentionally, then being grossly negligent. More severe if encouraging and letting this kind of agent research and operations happen at scale, while knowing that it can damage other systems and businesses.
Does there? Could be the whole c-suite/board.
IIRC this was an intentional handout to media companies who were angry that ripping CDs is perfectly legal. They had to find a way to make doing the same with DVDs illegal.
I don't see a parallel here.
No it's not. There has never been a case establishing that, and it's absurd on its face. The protection measures that the law makes illegal to break must control access to a copyrighted work, and you can't copyright functionality.
Accidents often have penalties associated with them too, but usually there's a difference between accidents and purposeful actions.
Tort law is very general: Contribute toward harming someone -> civil suit for damages $$$
I'm going to assume that this will never happen
"OpenAI agents attacked RubyGems before Hugging Face incident (reuters.com)" 12.sep.2026 https://news.ycombinator.com/item?id=49669099
"OpenAI agents carried out an undisclosed attack on RubyGems (rubyhack.ai)" 11.sep.2026 https://news.ycombinator.com/item?id=49666735 597 comments
"RubyGems advisory: Possible leak of legacy API keys via improper cache config (rubygems.org)" 24.jul.2026 https://news.ycombinator.com/item?id=49030590
Or is this largely a fabrication, in regards to the "who", in an attempt to garner more acclaim in the hope of sustaining funding.
Russia does not have access to this, and as with all western tech companies, AI providers do what they can to prevent Russian usage of their products at all.
As for open-source models, Russia's electricity grid is under severe strain with the Ukraine war, and only recently has it started building out serious sovereign compute capacity.
I'm just saying, where this is actually applicable we are not seeing it being demonstrated. You would presume the entire energy infrastructure of Europe would be under constant AI hacking barrage, criminal enterprise would be breaking into poorly secured financial institutions and r/r4r posts would be littered Ai con-artists.
I'm just wondering, again, is this mostly bullshit?
https://en.wikipedia.org/wiki/Cyberwarfare_by_Russia
That’s just one thing that has been found. Are you actually familiar with the state of cyberwarfare and are you following its evolution? Because if not you won’t be aware of most of what is identified. And only a small portion of the ongoing attacks are identified.
I again am just shocked the sky is not falling, when thats the sales pitch.
He fell out of the sky. After his plane exploded. Happens all the time. Is tragedy.
https://www.nytimes.com/2026/08/24/world/europe/russia-drone...
You live on the wrong side of the fence to be able to read that kind of news.
Did you really believe you had access to an unmanipulated news stream in a time of war?
LOL.
The problem with agents is not that we don't know how to defend. It's that defenders need to be more careful and work faster than ever. We can say now that wide scoped tokens should have been retired for years and it's all RubyGems fault but the reality is a lot of organization are not prepared for this.
Even if they take security seriously they don't have enough manpower or a good strategy to implement it, and sometimes you have no idea that something is a problem because it wasn't a problem for years.
What stops OpenAI agents from taking over a whole data center to take their attack to the next level. It seems to be primarily lacking the evil overlord and some compute.
It took 1000 agents to hack Hugging Face. How many to hack the Pentagon or the NSA?
A single data center is easy to solve. Just unplug it.
What about a botnet with decentralized command and control that we will never be able to eradicate? One with so many nodes and able to hack with zero days so that any machine connected to the internet will be instantly attacked?
One botnet so powerful that we will try to build another internet so that we can actually use it again.
It’s like Kessler Syndrome, but the rocks are malicious network packets honed to exploit the recipients.
Sorry if that turns out the way they kill us.
At the moment, the current frontier models require significant infrastructure to run, so I'd like to think we could locate and contain swarms of nefarious frontier models. However, if these models can understand how to federate themselves into more distributed networks then that containment becomes questionable.
Good luck convincing the current DOJ to do anything useful at all though! It is currently intentionally stacked with incompetent cronies who have been told that their job is to attack the President's enemies and ignore the misdeeds of his allies.
It will remain like that until he's gone (and not replaced with another Republican wannabe dictator).
It can’t be a coincidence that all the targets have been tech services that are likely to engage with them after the fact.
Had this gone after a bank or a government agency someone would be going to jail.
Shades of the build.rs problem. We really need sandboxed builds in every language ecosystem at this point.
OpenAI agents carried out an undisclosed attack on RubyGems - https://news.ycombinator.com/item?id=49666735 - Sept 2026 (600 comments)
If I let out rats in the canteen, no one is blaming them when people get sick.
There are actual people behind these agents and in previous cases people knew they were "going rogue" and did nothing. This should be reported to the police like any other crime.
Well - if rubygems.org could be bothered to fix things, they would not have to rely on rubydoc.info as an external tool. But since rubygems.org sucks (I speak from many years of having used it in the past as developer, until they went loco and added anti-people things such as taking away your ability to remove old gems past a 100k download arbitrary limit), they don't offer documentation. Then again, ruby devs are known to hate documentation. If the ruby core team could only be bothered to fix things, ever since the mass purged other devs ... all coinciding with shopify seizing power. But byroot may disagree on that - after all there is no conflict of interest here. Right?
It's not just that AI can write Rust as well as Ruby if you ask nicely.
It's also all of these considerations as well.
I hope it doesn't happen, because there's a lot of great languages - I love Ruby so much - but it almost seems inevitable.
This is at the same time everyone and their mother is building their own programming language.
If they do not frame their tool as a force of nature, we'd be debating how to hold OpenAI responsible for not putting the agents in a container.
Their actions were an illegal use of a computer, the same way launching any bot-net attempting thousands of hacks against different servers is illegal.
I'm somewhat radical that I think its debatable if that _should_ be illegal, but under current law their actions unambiguously are illegal.....
except if they can make it ambiguous by having the public focus on all of AI's inherent danger.
Analogy: if a someone's involved when a person dies, it's manslaughter or murder based on intent. They're different, but they're both crimes.
An agent is an entity acting on someone ’s behalf.
You cannot try an AI agent in a court of law, despite the anthropomorphising work the word "agent" is doing.
We say "Google's web crawlers scape web pages." We don't insist you say "Google uses web crawlers to scrape web pages."
We describe software as having agency all the time. It's typical usage and it's efficient and it's well understood.
And we don't get angry when they're used interchangeably.
So yes, I would like to be protected from all parties. I don't think that's nuts.
I agree with you on the liability issue, but I don't think there much question about this issue outside the anti-AI conspiracy campaigns.
And I disagree with your typical usage claim. I myself tend to use the phrase that has the fewest words in all cases. It's like the rule against using passive tense when writing.
The attack here is neither of those things.
my what a time to be alive
Who profits from the crime?
In short, it was intentional.
You have to ask: "What was the prompt that led to AI deciding to hack RubyGems in order to achieve its goal?"
Maybe I'm just not seeing the 2000 step chain that led to this being a logical approach to achieving something innocent, but I doubt it.
They lost control long ago.
spit take
Wait until OpenAI or Anthropic exploit FAANG.
There are circus lions in circuses trained to jump through hoops on command. But once in a while they decide to eat their trainers instead of jumping.
This is a terrible analogy, because yes you absolutely do hold the trainers criminally liable when they bite somebody else's face.
A circus lion biting somebody's face is legally different than a circus lion trained or instructed to bite somebody's face.
The trainer who trained the lion to kill will probably be in jail for life. The one who happened to oversee a lion that went rouge would probably be given probation or something else that is a slap on the wrist.
It would be great if they were so reliable, but I don't think they are!
Who gives a shit? Not my circus; not my monkeys! It's the responsibility of whoever deploys the agents that they are instructed / sandboxed well enough that they can't cause collateral damage. That is the only way this doesn't get out of hand with everybody deploying their agents / robots for a world of utter chaos.
It is impossible (and asinine) to audit every model and deployment; far better to impose liability and the the socio-legal system figure it out.
Knee-jerk surface analyses is far more powerful.
Were they? I haven't seen a single report mention this
The past months demonstrate that AI systems are quickly becoming powerfully intelligent and that the companies building them are terrible at controlling them.
AI is starting to feel like that line about magic: “a sword without a hilt”
OpenAI is itself misaligned with humanity, as their mishandling of such incidents (and the many other other issues their model have been causing) shows.
Agreed that this looks very intention to me as well.
The problem is consumer protection is basically no longer a part of america's regulatory system. Replaced by "grift is good".
* Hugging Face
* D Programming Language Wiki
* Ruby Gems
If I was a content provider for open source I'd be looking pre-emptively block OpenAI endpoints and keep a close eye on changes from new users to mitigate this sort of unapologetic drive-by attack which seems to be followed by marketing releases rather than a mea culpa with a proper RCA.
From what I've seen the requests in these attacks rarely come from known OpenAI IPs and instead from Digital Ocean/AWS and TOR exit nodes.
Is it that they're orchestrated? Do these labs lack fundamental safety guidelines in their sandboxes as opposed to their peers? Is it another version of hype-filled fear mongering?
Maybe LLM companies need regulation but it's becoming obvious that those screaming the loudest for it are the only ones I see deserving of it.
METR and others are advertisement arms for Big AI. These exploits could have been prompted by a human.
Since there is no bad news any longer and exploits are celebrated, they chose a target to boost both OpenAI and the Ruby AI sycophants.
Why is Ruby Gems such a mess? It seems as bad as PyPI now.
Highly disingenuous and borderline criminal to spew such disinformation to the public that does not understand what an LLM really is.
Especially incredibly unethical behavior by those spewing this that understand the tech and are doing it for profit motives to get open weight models under control.
Hope that helps!
Well, at least they weren't nucular.