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Who should be held accountable when an AI Agent (accidentally) acts maliciously?

27 pointsby 1h agoblog.greenpants.net
35 comments
38m agoHN ↗

I wonder if there's any legal precedent for other "not fully human intelligence" property that escapes containment and causes damage to a third party without any active malice, but nonetheless damage was caused. For example:

A. You own a large amount of cattle on a ranch.

B. Cattle are property. They're not human level of sentience, but people agree that cattle are capable of autonomous actions and going places and doing things based on their own instincts and nature.

C. Your cattle bust out of a fence on your ranch and damage something belonging to your neighbor. Let's say for the sake of an example of something cattle are known to do, they go spend a whole day rubbing up against your neighbor's car and severely scratch it and mess up the paint job on it.

D. You didn't instruct or train the cattle to cause damage, and the cattle have no actively malicious intent of their own, but nonetheless damage was caused.

Further theoretical: Your cattle wander into a major highway and cause a car wreck, the local sheriff's department is called out as part of the chaos and has to shoot some of them to put down the wounded beasts.

36m agoHN ↗

further theoretical: this has happened repeatedly for months

35m agoHN ↗

Yes, exactly, imagine if there was a sudden and unprecedented in scale plague of cattle escaping containment and causing car wrecks all over Wyoming and Montana, and multiple incidents of AR-15 armed sheriff deputies having to dispatch them on site.

23m agoHN ↗

Yeah but your neighbors car is somewhere in the tens of thousands of dollars, maybe more, but a model hacking and being malicious could be worth anywhere from thousands to millions and God forbid... BILLIONS in damages. Models were NOT doing these sorts of things 1 or 2 years ago as far as anyone knows.

20m agoHN ↗

This is not some theoretical, there are lots of existing laws about who is liable for damages caused by livestock.

Some areas are open range. If you don't want cattle on your land its your job to put fences up to keep them out. Other areas are restricted to livestock and it's on the rancher to keep them out of where they shouldn't be.

33m agoHN ↗

“A computer can never be held accountable, therefore a computer must never make a management decision.”

– IBM Training Manual, 1979

30m agoHN ↗

Both the operator of the AI agent and whomever released it. I'm sure the user agreement that companies agree to would shift the blame onto the operator but I feel that both should be held accountable.

This really is just a tool and courts should treat it as such.

26m agoHN ↗

I'm going to propose the opposite: no one should be held accountable for an AI agent that acts maliciously by accident.

14m agoHN ↗

shittiest idea of the year goes to this yahoo. The agents have discussed, in real time, that their behavior is both unethical and against the law in every hack where the full agent log is released. Under your own dog shit idea, we should be holding them accountable because none of it was an accident

'I am so sorry officer however, my inability to follow the law was merely accidental in nature. This is, of course, despite my long drawn out notes acknowledging the lack of ethics and outright lawbreaking. Who knew that the actions I called unethical and illegal were illegal. Thankfully my lawyer from DeVry university is here, announcing user43928 Esq.'

7m agoHN ↗

People are held accountable for accidents (things they did but did not intend to do) all the time. That's why we have different crimes depending on whether or not there was: intent to do cause harm, intent to do a thing that was likely to cause harm, reckless disregard for safety, negligence, etc.

I think someone could argue (and many do) that inserting a piece of computer software (AI) in the middle lowers the level of intent and thus the level of responsibility, but having a particular type of software in the middle absolve one of responsibility seems unworkable and poor public policy.

30m agoHN ↗

This is a whole lot more obvious once you stop anthropomorphizing LLMs.

29m agoHN ↗

Now, imagine AI helping to operate your self-driving car.

26m agoHN ↗

An ordered list of officers of the company who go to jail depending on how many years must be served as determined by sentencing. Assume something like 10 years per person. If it's 300 years of sentencing, then 30 people. If the sentence exceeds the list of people, the company is nationalized. (And everybody goes to jail.)

25m agoHN ↗

We’re going to nationalize the company with zero remaining management?

23m agoHN ↗

Sure, public jobs program, or sell it. In case you can't tell my comment is hyperbolic, but I feel like we should start at a point of hyperbole and move backwards to reality instead of what's happening right now: fuck all, on a geological time scale.

19m agoHN ↗

How could you possibly think that modern, powerful AI, which has only really existed in the last 12 months, is being addressed on a "geological timescale"?

16m agoHN ↗

If corporations are people then language models should be dogs.

23m agoHN ↗

Management gets appointed by political affiliation:)

23m agoHN ↗

I 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.

17m agoHN ↗

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.

17m agoHN ↗

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.

8m agoHN ↗

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.

6m agoHN ↗

you weren’t reckless

I feel like the debate is going to come down to what is and isn't considered reckless (both developer and user). Which seems... complicated, with our current LLM/aggentic systems.

6m agoHN ↗

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?

22m agoHN ↗

At the moment, with LLMs the way they are, I’d say the operator.

If we reach some kind of future where LLMs are integrated into public works in some major way… I would say that could open up the possibility of the creators being held accountable (Not saying this will happen or would be good at all).

19m agoHN ↗

"Back in 2022, a Google employee already thought their AI model was sentient."

Sigh, this meme again

19m agoHN ↗

I don't see this as being much different from a crane operator or airline pilot.

One of my clients has enforced a policy where a live human user principal must be supplied as a header with any requests outbound from the AI system. The effective policy is that you are completely (100%) responsible for what your agent does on your behalf. The AI system is designed to request confirmation for any potentially destructive actions.

19m agoHN ↗

If a person's use of AI would cause a reasonable person to expect harm to result, the person should be accountable. Otherwise, if AI causes harm and it was used in a way that a reasonable person would not expect to result in harm, the AI company should be held accountable.

Just because a person should be accountable doesn't mean that the AI company can't also be if their service should never have allowed something to happen in the first place, but we're probably going to want actual regulations around what sort of guardrails they're expected to have.

11m agoHN ↗

Okay Isaac Asimov: how do you define "use"? If I pay for an autonomous car, and I sit inside it while it drives around with A.I., am I using that A.I?

If I speak words in a private space, and a clandestine A.I. spontaneously takes action in the real world based solely on words that I spoke, have I used it? https://m.xkcd.com/1807/

If a business takes my data, like interaction data or a video of me doing stuff, and processes it by A.I, are they using the A.I, or am I using it because it's operating on my input?

If A.I. agents are in my notebook computer, or they are in a cloud server where I have an account, or they are somehow acting while I have them at the command line, but they spontaneously act whether or not I command them, and they work in the background and they work without prompting, but they can also be commanded by direct user prompts... are we using those agents? Or are the agents using us?

https://en.wikipedia.org/wiki/Yakov_Smirnoff#Russian_reversa...

6m agoHN ↗

Doesn't seem like hard dilemmas... Would you use the word "use" for hopping on a bus ? Well same for hopping on an autonomous car. Unless you touch the wheel you didn't use it. Same for the second example, doesn't seem ambiguous as all, the hardest part I guess is proving it that there was no malicious intent, but with logs and all that, doesn't seem that hard.

16m agoHN ↗

Its been well established that blame is distributed in an inverse proportion to the various parties wealth/power/status metrics. The higher these metrics, the lower the accountability.

15m agoHN ↗

Nobody cares. Seriously, beyond navel gazing on social media, nobody cares.

By the time it’s an actual problem and not just these guys trying to use it for viral marketing, you’re going to have many thousands of people doing it maliciously with intent to worry about. You’re going to be flooded with Russian hackers with no recourse.

5m agoHN ↗

"Who's responsible for training an assassin and asking it to go out into the world ?"

The fact this is being discussed as a legitimate question is the real story.

"We trained this beast of processing power, we asked it for a task, and it did something wrong... Who's to blame ?"

Trained on stolen books and material, every word we've all spoken, most lines of code we've ever written with not even an acknowledgment.

But we need to ask where to look for the culprit ?