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We change humans for the actions of other humans all the time. Coconspirators, accessory liability etc.

My point is the intent element of the crime can and should be determined from the AI agents actions because it is creating and executing action plans autonomously with company authorization and knowledge of the risks based on observed past action.

The term agent is literally a legal description of a relationship that can establish liability on the part of the principal from the agents actions.

Human Agents can bind principals to contracts if they are authorized etc.

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If I set my tiger loose in Central Park and it kills a kid I don’t think any prosecutor would hesitate charging for murder.

That’s essentially what the labs are doing. And any app developer that gives agents access to the terminal to run bash commands with internet access. I built a coding agent and am seriously reconsidering how to handle this.

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He did say murder is well covered in criminal law for that, but things not leading to murder like these AI cases are not.
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But it’s a crime to hack. We know AI agents autonomously create and execute plans to hack and we humans are unleashing them and sending them into the Central Park that is the internet. The question is who’s intent matters ours or the agents and what standard should be applied low threshold strict liability or the higher bar of reckless or even higher bar of negligence. Those legal thresholds determine how much factual evidence and intent is necessary to result in a criminal conviction or civil judgment. My point is that it’s illogical to demand showing human intent when agents are devising plans and executing them.
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People have been charged with murder criminally when their animals killed someone.

https://www.sfgate.com/bayarea/article/diane-whipple-dog-mau...

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State do impose strict liability for animals in many cases both civilly and criminally.

https://www.animallaw.info/topic/table-dog-bite-strict-liabi...

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