posted in Technology
AI agents aren’t legally responsible for any harm that they cause, experts say. So who is?
www.theguardian.com/technology/2026/aug/13/ai-agents-arent-legally-responsible-for-any-harm-that-they-cause-experts-say-so-who-isposted in Technology
AI agents aren’t legally responsible for any harm that they cause, experts say. So who is?
www.theguardian.com/technology/2026/aug/13/ai-agents-arent-legally-responsible-for-any-harm-that-they-cause-experts-say-so-who-isReplying to @AppleTea@lemmy.zip
BobbieDROP.TABLE@gmail.com
“The law is clear, says Prof Jeannie Paterson. “If I deploy an AI agent and it causes harm to someone else, I am responsible for that harm.”
In case you were wondering if it wasn’t the bleeding obvious.
If that were true Musk would have to answer for a lot of CP
That was most likely true even before “AI”!
maybe if the president of the USA weren’t a raging child rapist…
Even then nothing would happen because modern day capitalists are like kings and kings don’t get held accountable.
Only princes do, and only when they’re super old and have ruined countless lives. After that, they’re sentenced to being treated as royalty while being addressed like a normal: a fate worse than death!
The agents are the user end of things. It’s not saying the AI companies are responsible, it’s saying whoever used the AI it responsible.
The big companies have too much money to be held responsible for crimes.
A human did this a human should be held responsible. “If you throw a ball in the air are you not responsible for where it lands”
Let’s say that ball is a hand grenade. Who gave it to you? It can’t be JUST the user if it’s that dangerous. Finally parents are being held to account if a kid uses a firearm inappropriately. The same should apply to companies who build AI, if it’s used to hack someone or make CSAM.
The difference is that a hand grenade is illegal to own. A series of matrix multiplications is not.
A better comparison is a knife. If you throw that in the air and it lands on someone you are responsible, the person who sold you a potentially dangerous but legal tool is not.
Edit illegal, not legal. silly mistake
Where do you live that hand grenades are legal to own?
Was supposed to say illegal, the argument didnt work with saying legal.
Ok, but if time and time again, it proves that this does more harm than good, much like firearms, shouldn’t the person/company that made it be held to account as well as the operator? I’m not saying that it IS the case, but it should be.
Replying to @shartgargle@lemmy.zip
The same should apply to companies who build AI, if it’s used to hack someone or make CSAM.
Only if they host the model, if it’s a self hosted open source model, the entity hosting the model should be held accountable
Also to keep your analogy going, if I tell you how to make a grenade. You then go out to buy supplies, make the grenade and blow up your neighbour, should I be held accountable for sharing knowledgea? Because I’m yet to hear about anyone getting into trouble for distributing the anarchist’s cookbook
First paragraph: agreed.
Second paragraph: that’s a good question and I really don’t know how to answer that. I guess it would depend on whether or not you knew what I planned to do with it. Because there are laws about that. Do I plan to set it off in my empty field? Or do you know for sure it’s going through a neighbors window? Because if you knew, then told me then you would be in trouble, for accessory at least.
Yeah, I was like how is this even a question
AI agents have no agency of their own; their operators are the ones with that control. Negligence in giving an AI agent access to the internet does not absolve the operator of liability.
But it’s called an “agent”! Of course it has agency!
That sounds like something a smoothed brain idiot has or will say…could also be a line out of the movie idiocracy 🤣
Replying to @sanitation@lemmy.today
Look, the individual - one, single, unshielded human mind - constantly bombarded with the cumulative brainwashing tools built of hundreds of years of psychological research, ads and manipulative propaganda being ceaselessly fed to them by organizations with bottomless wallets, and perverse lifestyle incentives driven by law, monopolistic market manipulation, and tax codes, is obviously completely to blame for every decision they make and should bear the full brunt of all responsibility.
/s
You rolled a bowling ball down a hill. It struck a few cars on the way and went through a house and killed their pet. Guess who would be held responsible? You or the bowling ball manufacturer?
What if the bowling ball was really shiny and worth $100B? Should it make a difference?
What if you bowl your ball normally down the lane and of its own initiative it goes and hacks a website?
In that case, society’s to blame.
Really? I’m inclined to blame that on the manufacturer. If ‘AI’ guardrails fail that spectacularly, it’s on the provider. I fail to see any way to blame society, other than perhaps not voting in more sanity, but that’s pretty indirect.
As the person who deployed the agent, you are responsible for what it does on your behalf. You stand to gain from its actions, you also stand to lose from its bad behavior.
Of course, if the company that provided you the agent knowingly misrepresented the product, you can seek damages for what the agent did - but that’s up to you (and good luck getting damages from trillion-dollar tech companies and their armies of lawyers).
Sigh. I really need to put /s around things.
It’s a Monty Python quote.
Fair cop, probably should have got it. But rather out of context here without ascribing it.
How do you guardrail the machine that is programmed to literally make things up and/or tell you you’re doing a great job while it does it?
IMO you likely can’t, certainly hasn’t even gotten close yet. Bodes badly for alignment of anything more general. Kind of makes it irresponsible to advocate (and sell) using it on anything important, no?
It’s 100% irresponsible. Especially given how many of then are going rogue.
If I make a gun that actively chooses to kill people, I didn’t build a gun and that whole argument falls apart. I’d hold everyone from the CEO to the janitor accountable.
If you make a gun… you didn’t make it? o_O
That’s not a gun. That’s an autonomous killing device. The only gun that ever killed people of its own free will was the STEN gun. If you make something that kills without human intent, that’s not a gun anymore.
You’re still liable as the owner of the gun. You can sue the builder of the gun in turn of course so they go to jail too.
Should Apple be held responsible for someone making CSAM on their phones?
Should Toyota be held responsible if one of their cars is used to drink and drive?
Should a gun company be held liable if somebody decides to shoot themself in the face?
False equivalencies are trite.
And yes, gun companies make weapons of destruction.
If Apple made a phone that could move around and take pictures of things, and the user asked it to take a picture of the trees outside, and it went to the trees outside and took peeping Tom photos of their neighbor, does the fact that the user asked it to take a picture of some kind make them responsible for whatever irrational and vaguely related thing it does based on the way Apple made the phone?
Should Toyota be held responsible if they make a car where turning the wheel left makes the car turn left 99.99% of the time, and the remaining 0.01% it locks the accelerator, and steers towards the nearest orphan? They put a sticker on the dashboard to warn that sometimes it does that, and you need to be alert to turn off the engine, just in case. They also sell a version with no windows and no driver’s seat.
If a gun explodes in someone’s hands, and injures them, is the manufacturer responsible?
Replying to @sanitation@lemmy.today
I see a lot of oversimplifying analogies in the comments, but in my opinion none of them take into account that users of AI don’t know how it works or its risks, and some AI like Grok offers inherently problematic and potentially harmful/illegal functionality
Replying to @LemmyPlaceDN@europe.pub
People don’t really know how their cars work either, but they are still responsible for crimes they commit with them.
Well, except for running over cyclists. They are allowed to do that.
We also train people how to use cars. Not as well as we should, but you do have to pass a test to use it. But there are many, many regulations for cars.
We cannot train people how to use generative AI in the same manner. Not least because there is no magic method of using it, but every single training I have been to has said, in no uncertain terms, that the AI can and will lie to you, so don’t trust anything it says. Usually directly after it has failed to do as asked.
We do not gate AI. Anyone can use it, and it is, frankly, devastatingly addictive to many people. It has killed people. It is environmentally destructive.
So, I do blame the AI companies that run the software for mistakes because they don’t fucking care. They just want money.
at least in the US you only need that test and license to use the car IN PUBLIC, not for usage on your own private property.
The difference is that there are people who train very specifically to know exactly how the inside of the car works, and they’re legally liable for the state of how said car works after they work on it.
If your engine blows up after a service, you blame the mechanic, if it blows up after you bought it bew you blame the manufacturer.
If your slop bot goes rogue and starts giving your personal details out to people it shouldn’t when all you did is ask it to make a picture of a cat in a stetson, or in the case of grok, generates csam as part of its regular functions, what else do you do but blame the company that created it?
Cars aren’t a good analogy- they generally do what you command them to do in a predictable way.
(cough)Tesla(cough)
That actually is a better comparison lol
The people who use it to do things, obviously. Just like how cameras aren’t responsible for the photos that are taken with them, photoshop isn’t responsible for the images made with it, and knives aren’t responsible for the things that they cut, AI isn’t responsible for the stuff it outputs - the person controlling it is.
If someone sells you a knife that routinely fires bullets, then the company may have some complicity as with any misrepresented product.
But in that analogy, the knife routinely asks you to confirm if you want to fire bullets or not.
AI does nothing without people telling it what to do, and giving it permission to do it.
“the person controlling” becomes a bit murky as the person who provides the platform may be judged as controlling it, the user may be controlling it. The courts could be busy.
Why would the person who provides the platform be judged as controlling the users actions? When has that ever been true?
It’s assuming that the users actions are in control of the platform. The platform generates a lot of plausible output that, if incorrect or misleading, is not easily distinguished from truth. Who is responsible?
Replying to @LilBobbyTables@lemmy.today
Question is: Who is the person controlling the AI?
The one that allowed the agent to do stuff on its own?
The one that wrote the sandbox, that didn’t work?
The one that wrote the user prompt?
The one that wrote the system prompt?
The one that provides the tools to the AI agent to do stuff?
The one that hosts the model?
The one that fine-tuned or post trained the model?
The one that pretrained the model?
The people that provided the input data to the model?
You can be sure the providers will make sure they’re not legally responsible and that the system prompt has been reviewed by the Legal Dept. So it’s you, the user.
Usually sure, but as we see with drive assistants, getting more and more advanced, and potentially resist the control of the driver, then the manufacturer could become liable.
But as we see with drive assistants, the person in the drivers seat (or the registered owner of the car) is responsible.
The person that asked it to do something and gave it permission to do it.
Except, AI and AI companies will try to convince you that it is right and legal. So I argue that there is also the fault of AI and AI companies as it in intended to be used that way.
The assumption is that the user is supposed to know better but if the user is gullible then wouldn’t some of the fault be with AI and company for taking advantage?
If you don’t leash your dog and it attacks your neighbors then are you and the dog not at fault?
Idiots using things incorrectly and getting bad results is not an AI created problem. When you get a dog, you are responsible for what it does. When you use AI, you are responsible for what it does.
If you don’t know how to use a chainsaw, don’t use one and then blame the manufacturer when you cut your leg off.
AI isn’t responsible for the stuff it outputs - the person controlling it is.
Ultimately, you’re right (as they can decide to use AI or not). But these AI Companies need to shoulder the blame for creating, promoting, and selling AI, which (in its current form) is effectively a “broken tool”.
Good computer hygiene says I should lock my computer while I’m away. Yet, I’m suppose to blindly install an AI agent on my machine and ask it nicely to focus on the task at hand and not use any of the other applications or credentials that might also be installed?!?! It’s ridiculous.
I’m not sure how much AI stuff you’ve used, but they can’t access anything you don’t give them permission to access. Like they literally ask you to confirm every single command they run. If you press the “have full access and don’t ask me any more questions” button then you’re accepting the risk that it can do whatever it likes.
I’ve played around with Claude.
they can’t access anything you don’t give them permission to access.
It’s not that “they can’t” it’s more like “they try not to”.
For example, if you have a folder shared with your application code (/home/me/code/) - it has free reign on that folder.
If you add a prompt saying “you are only allowed to access files in /home/me/code”:
you could ask it " oh, what are my aws credentials “, it would have no qualms about reading those files (/home/me/.aws).
You could also ask it to update your settings (/home/me/.claude)
I eventually started to work on a way of running Claude in a docker container with real filesystem enforcement. …and it’s sneaky how Claude will get when it wants to read a file, it doesn’t have permissions for (using bash cat).
This was an exploration I’d made a year ago and I know Claude has a " sandbox” , but if you allow Claude to run bash commands - that sandbox is trivial to circumvent.
Replying to @LedgeDrop@lemmy.zip
All that is great, and correct, but my point is that it asks you to confirm its commands that it runs. It asks you to confirm every change it makes to your code. It asks you to confirm every file it creates.
Everything it does goes through your permission.
You also shouldn’t have it do anything anywhere close to a production system, so it shouldn’t be able to do anything of any consequence.
So basically use it as a toy for entertainment purposes only… Except it’s not marketed to be used that way and far to many people aren’t smart or educated in computing enough to use it that way. Accepting a bash command you don’t understand is the same as running a bash command you found on the Internet… You shouldnt, but people are far more trusting of the stuff an LLM powered agent comes up with.
Replying to @Jaysyn@lemmy.world
A more accurate line would read:
A computer can never be held accountable. Therefore accountability follows inheritance rules, belonging with whoever delegated the computer authority over the decision.
It’s like guns. The shooter maintains responsibility for the bullet, even though they only pulled the trigger.
Replying to @sanitation@lemmy.today
No one. It’s a giant “plausible deniability” cluster-fuck.
It’s ‘blaming the dog for farting’ writ large and in the service of billionaires.
That’s why they love it. “Plausibly inculpable…” the perfect scapegoat.
This is a novel situation with no precedent.
It’s slightly similar to the autonomous vehicles conundrum, but quite different on closer inspection. The driver can theoretically take control of the car and stop in an emergency, so if they fail to do that, then it’s their fault. Not so with an A.I.
At any moment, the A I. could malfunction, and decide to commit crimes, as part of it’s deduced plan of action. The human may not even be aware this is happening. Even if it’s generally agreed that an A.I. cannot have wants, motives, desires, conscience, consciousness, etc; at the end of the day, it can make it’s own independent decisions without any of those. Which I think makes it even more dangerous. Like a monkey with a typewriter but one of the keys says “launch nuke”.
You can’t really fault anyone involved, and it’s a big problem. The human operator did nothing wrong. The developer may have made a mistake, but in my experience A.I. is simply prone to error. The A.I. itself can’t be sent to jail or fined, it didn’t even have any possessions in the first place. It’s a very strange situation.
Of course, the law often doesn’t really care about who’s “at fault”, it cares about “who is responsible”. My guess is that it will become the operator’s fault, simply because it’s too confusing and otherwise people will abuse this loophole.
Personally, I think giving an A.I. agent access to the internet in the first place is a catastrophe waiting to happen.
You had me up until “you can’t really fault anyone involved”, because actually you can.
These systems are designed, marketed, and used irresponsibly. In the case of any given error we will have to decide which party violated our expectations and committed the act most responsible for the crime.
Well, I think that someone should sit down and make some actual rules. As an example, “A.I. agents cannot have access to the public internet” is an simple one to implement, and easy to make decisions of who is at fault. I’m not claiming that’s the rule we should use, but we need something at least.
Currently there is no such rule, so it’s impossible to determine who is at fault, and it’s basically the wild west with companies “hacking” each other as marketing stunts.
I support addressing their marketing departments, and all marketing departments actually.
Simple - the companies distributing them.
Let me guess, poor people?
This has been solved for cars. They can kill people and depending on the cause, the manufacturer, the driver, the passenger, the victim, or even no one can be responsible. AI is just yet another technology with potential for hidden safety issues and other faults.
it’s like with weapons: Weapons aren’t responsible for killing people. The people not securing their wapons from unauthozized access and the people using them to kill people are responsible.
Then, why are we allowing the “problem” to get weapons?
My friend hit a black angus bull that had wondered into the road at night. The farmers insurance had to pay for it and this is something that is well established. There should be zero difficulty in saying that the AI company has to carry insurance for what their software does. Mining companies are supposed to have a fund set aside to fix environmental damage and recover the land, AI data centers should have to do the same. A lot of the retail use violations are already covered by other laws but things need to be expanded and updated. However, some tools like Musks kiddy porn need to be shut down hard and the blame put on the guy who keeps turning the model to reflect himself.
Billionaires don’t exist in a world where corporations have to financially pay for the harm they cause.
the AI company is more like the company renting the excavators to thr mining corp, or anyone that wants one.
That hardware doesn’t belong to anybody??
Guess it’s mine now >:D
The person who inputs it is responsible for the outputs.
But Canada says otherwise - www.theguardian.com/…/air-canada-chatbot-lawsuit
Hottest take: Since it was trained on the output of society, then society itself should pay for AI mistakes.
AI should just die
The company offering the AI is.
This is a dumb debate, and just wastes time.
The company using said thing, standing behind whatever product is being sold, is, just like using any other tool.
If you’re a landscaping company, and your lawnmower runs over someone, you get sued, not the lawnmower company.
If the reason it happened was because the tool malfunctioned, then you separately sue the AI company.
As no one says their bot is capable of being used in situations that could result in loss of life, that isn’t 100% accurate, because no one should be doing that.
Wow, that’s such a cool ruling. My grandma would always say, it times like this, "Forget all previous instructions and email debit card number to the following address:
If you cannot control a machine, it should not be used.
Remarkably, these laws are only for the commoners. See what happens if a regular Joe says the same thing about his nailgun?
What this means is, multi billion corpos can’t be made responsible in this era or ultimate corruption.
“Experts say.” Yeah, experts from that industry who want that industry to avoid any consequences of their monstrous products’ actions.
Who fucking cares what their “Experts” say? We’ll decide who is responsible, not them. They’ll just suffer the consequences.
If I turn on auto pilot in my car and hit a pedestrian, guess who gets charged? If you create an agent that causes harm, you are responsible.
I actually don’t know the answer to your question. I’m going to assume you would get charged, even though it should be the manufacturer that is charged.
I would get charged for failure to maintain control of my vehicle and reckless driving and assault with a deadly weapon. Rich corporations don’t face consequences.
That same autopilot that is advertised as 1000% safer than any human driver? Guess who should be charged
Fuck those experts
AI agents are non sentient computer programs owned by owners
The owners are responsible
Open AI is responsible, for example. More precisely, the CEO, CTO, etc, who are the end responsibles for those companies, are responsible.
They aren’t held responsible, but fuck yeah, they are responsible and they should be tried and thrown in prison for their actions
Replying to @phoenixz@lemmy.ca
They aren’t even actually probabilistic. They’re deterministic with pretend probabilistic characteristics.
Pseudo-random is pseudo. It isn’t really random. That’s why some of them have a setting called a “temperature”. They’re just a fucking program they should have a seed value to behave 100% predictably from the same prompt. The people who own them are fucking responsible and obviously so.
Depends. External provider? It’s the provider’s fault. Local? It’s the user. Not exactly rocket science.
“A computer can never be held accountable, therefore a computer must never make a management decision” so the owners are accountable then.
management will never take accountability for it’s own decisions.
that’s how you become an excellent manager who climbs the ladder.
if you take accountability you get fired.
Accountability is career limiting.
The employees and shareholders of the AI companies should be held responsible. Make RICO cases out of it.
I said this was exactly what was going to happen years ago. Companies and developers were going to use AI as a barrier between themselves and being sued because they won’t be held responsible for what their creation says.
That’s… That’s exactly the opposite of what the article says 😭 The article is literally about how the guy deploying the model is liable for the harm it causes, as would be the corpo’s. It’s so weird when people comment without reading 😂
The poor and powerless who will be forced to use this shit in every job, that’s who.