alt Hacker NewsI don't see how this is such an unclear legal question. If I fire a computer program that mistakenly causes another person harm, its my fault. Or it would be the maker of the program's fault. I feel we have established pattern for this already.
Until we can agree whether AI is conscious, which we never will, AI and AI agents are just property working on behalf of humans.
I could see a future where AI companies/services indemnify consumers who use their agents but _not_ indemnify corporations that use their services.
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If I fire a computer program that mistakenly causes another person harm, its my fault. Or it would be the maker of the program's fault.
Which one is it? The person behind the wheel when it goes off the rails, or the maker of the software?
Isn’t that part of the question?
Civilly, it's fairly clear. Criminally, it's clear too, just not in the direction you want it to be. Criminal liability for hacking requires human intent; not recklessness or negligence or even knowledge without giving a shit, but provable intent.
> If I fire a computer program that mistakenly causes another person harm, its my fault
Legally, this isn’t complete. If it was a genuine mistake and you weren’t reckless, there can be very limited liability.
The AI makers are rich. They can afford to pay. What they can’t afford is complicated adjudications of damages and fault. A system of safe-harbor best practices that cap liability at a penalizing amount that anyone on the other side would be happy with getting quickly and with minimal legal effort is a precedented path forward. Unfortunately, that involves invoking the “r” word.
Also those agents that "broke out" were probably prompted to do that. I don't buy any story about this other than three AI companies hired the same PR firm.
If a craftsman injures themselves or a co-worker with a faulty tool, the tool manufacturer is very often liable for damages. I struggle to see GenAI any differently.
It shouldn’t be a question but this is where the anthropomorphic language and things like “agent welfare” come in to enable responsibility laundering of some of the most powerful people on earth. How we talk about these models matters because it impacts the public’s understanding of what they are genuinely capable of. The more that they are described as having anything close to free will the easier it is to even ask questions like this.