Legal scholars highlight criminal negligence as potential charge
4 Yesterday 11:39 AM · 1d ago · 1 post · 7 comments · 2 sources · development 4 of 6
Commenters argue that criminal negligence—failing to perceive a grave risk that a reasonable person would have perceived—may apply. As AI hacking incidents become public, the standard of care expected from AI developers is likely to rise, potentially shifting liability thresholds.
Morten Rasmussen AuthorAnthropic AI companyOpenAI AI companyGoogle AI companyMeta AI company
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It should be noted that if what the AI does threatens public safety or health or human life, in many jurisdictions the negligence could rise to criminal negligence.Basically this is when you do something risky but fail to perceive the risk, it turns out bad, and the failure to perceive the risk was due to a gross deviation from the standard of…
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I wondered the same thing. If OpenAI instructed employees to accomplish a task no matter what and they hacked, they would be investigated. Maybe not convicted, but investigates and charged.Intent is important, but having a lax environment that leads to this is still a crime. See the lawsuits about sexual harassment where the company didn’t have…
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The more important question is the government went after Aaron Schwartz, United States v. Aaron Swartz after JSTOR settled with him.AI companies stole everyone’s work and they sell it! Where are United States, Carmen Ortiz, etc?
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> crime generally requires mens reaYes, and mens rea does not require intent. These professionals had every reason to know that the agents might well go rogue. That knowledge would qualify as mens rea.
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AI companies won't be charged for anything because they're the primary growth engine of the current economy.I think they should be charged, but they won't.
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HackerNews doesn't get charged for DoS'ing under-provisioned web servers either. As others have said, there must be a line between hack attempts and accidents.
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The crime of gaining unauthorized access to a computer system requires mens rea.The crime of causing damage does not require mens rea.
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