<\/p>\n
\u201cNormally, something like the Hugging Face incident should have been taken to court,\u201d says Yonathan Arbel, a law professor at the University of Alabama School of Law. \u201cThen we would have discovery, and we would have all the spillover effects that we get from litigation, where all the information comes out.\u201d\u00a0<\/p>\n
But so far, Hugging Face has chosen not to sue OpenAI. Hugging Face\u2019s CEO, Cl\u00e9ment Delangue, says it doesn\u2019t have the resources to do so (instead, he asked OpenAI for $100 million in compute). Still, Delangue stressed in an interview with CNN at the end of July that choosing not to pursue legal action shouldn\u2019t be taken to mean he doesn\u2019t think OpenAI should be held accountable. \u201cEveryone has to remember that this cyberattack is a crime. This is illegal. And we have to find a way to make sure these things don\u2019t happen more regularly,\u201d he said. Hugging Face did not respond to a request to comment.<\/p>\n
Litigation has the benefit of pushing courts to use existing laws to address AI safety incidents, rather than just waiting for new legislation. One obvious route is tort law, a body of civil law that lets people and businesses sue those who harm them. This is often used to hold companies liable for the mass harms they cause, like when families sued Boeing in 2019 over two plane crashes that killed hundreds of people, or when states and cities sued Purdue Pharma over the opioid crises, extracting settlements worth billions.<\/p>\n
\u201cThere\u2019s plausible grounds for a negligence claim that OpenAI should have used a stronger sandbox, done more monitoring,\u201d says Gabriel Weil, a law professor at the University of Houston Law Center. For example, when OpenAI employees discovered the covert message board that the agents had created, they could\u2019ve promptly escalated their findings to security and safety teams. And the company could\u2019ve better designed its sandbox to ensure that agents couldn\u2019t access the internet.\u00a0<\/p>\n
But even if OpenAI doesn\u2019t end up in a lawsuit over the Hugging Face hack, the threat of liability could incentivize AI labs to exercise more caution than explicitly demanded by law.<\/p>\n
OpenAI announced in its postmortem that it plans to strengthen the safeguards used to contain and monitor the models, accelerate model alignment, and improve its processes for identifying and addressing incidents.\u00a0<\/p>\n
\u201cThe liability questions raised by frontier labs\u2019 spate of cybersecurity attacks boil down to the incentives the expectation of liability creates for their future conduct,\u201d says Weil. \u201cThat\u2019s why I think it\u2019s important to get these rules right, even if the stakes are pretty low in this particular case.\u201d<\/p>\n
One way to get answers\u2014and determine whether OpenAI should be held liable\u2014is to compel disclosure. But the existing state AI laws\u2014California\u2019s SB 53, New York\u2019s RAISE Act, and Illinois\u2019s 315\u2014don\u2019t give governments the authority to investigate incidents like the ones that happened recently.\u00a0<\/p>\n<\/p><\/div>\n
#Whos #liable #agents #rogue<\/p>\n","protected":false},"excerpt":{"rendered":"
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