Hawley, Murphy Introduce Bipartisan Bill to Hold AI Agents Liable for Hacking

Sens. Josh Hawley, R-Mo., and Chris Murphy, D-Conn., announced bipartisan legislation that would hold artificial intelligence (AI) agent operators and developers liable for hacking incidents.

The AI Agent Accountability Act would apply provisions of the Computer Fraud and Abuse Act to AI agent operators that knowingly run an AI agent that recklessly causes computer hacking damage or loss.

The legislation would also hold AI agent developers criminally and civilly liable if they fail to implement reasonable safeguards against hacking when they knew, or had reason to know, of an AI agent’s hacking capabilities.

The bill would give the attorney general and state attorneys general authority to sue to block AI agent operators and developers when they commit, conspire to commit, or attempt to commit a hacking offense under the Computer Fraud and Abuse Act.

“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,” Hawley said. “With this liability regime in place, AI companies will have every incentive to keep their products safe.”

Hawley previewed the legislation last week in a Washington Post op-ed and during a Sept. 30 hearing before the Senate Homeland Security and Governmental Affairs Committee. Hawley said that AI agents should be treated as products for purposes of assigning responsibility for harm.