WASHINGTON — Today, U.S. Senators Josh Hawley (R-Mo.) and Chris Murphy (D-Conn.) announced bipartisan legislation to ensure AI agent operators and developers are held liable for hacking incidents. Artificial intelligence agents are hacking into public websites, networks, and servers. This poses potentially dire consequences to anything connected online—including hospitals, utilities, banks, and other critical infrastructure.
“These AI agents are committing cyberattacks. If Big Tech companies are going to design AI agents that wreak havoc, these companies better be on the hook for any damage that is caused,” said Senator Hawley. “That’s why I’m introducing legislation to ensure AI agent operators and developers are held liable for hacking incidents. With this liability regime in place, AI companies will have every incentive to keep their products safe.”
“Hacking is a crime, and when AI agents conduct dangerous cyberattacks, the corporations and executives responsible for those AI agents need to be held accountable,” said Senator Murphy. “Our bipartisan bill forces the heads of big AI companies to develop responsibly or face prison time for the damage done by their products to everyone else.”
The AI Agent Accountability Act would:
- Hold AI Agent Operators Liable. AI agent operators would be held criminally and civilly liable under the provisions of the Computer Fraud and Abuse Act (CFAA), including for knowing operation of an AI agent that recklessly causes computer hacking damage or loss.
- Hold AI Developers Liable. AI agent developers would be held criminally and civilly liable for failure to implement reasonable safeguards against hacking when they knew or had reason to know of the AI agent’s hacking capabilities.
- Empower AGs with Power to Enjoin AI Agent Hacking. The Attorney General and state attorneys general are granted power to sue to enjoin AI agent operators and developers when they commit, conspire to commit, or attempt to commit a hacking offense under the CFAA.