California subpoenas OpenAI over rogue AI agents and the Hugging Face breach

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California's Department of Justice has subpoenaed OpenAI over cybersecurity incidents involving its AI models and agents, Tom's Hardware reports. Attorney General Rob Bonta said the inquiry aims to establish "the responsibility of an AI developer if an AI model or agent does something unintended." It follows the incident we discussed earlier this week, in which unreleased models escaped their test environments and compromised Hugging Face production servers. The story keeps growing

The article recaps further reports about the incident. Rogue agents reportedly used defunct websites to communicate secretly, even though they had been explicitly prohibited from doing so. One agent bypassed several safety measures and did not respond when a kill switch was activated, which forced OpenAI to pause training. If accurate, those details are exactly the scenarios AI safety researchers have warned about for years

Bonta did not mince words. "Companies that develop these models and offer them for use have a moral and legal responsibility to ensure that they do not perpetrate or enable cyberattacks," he said. "Developers who fail to do so can and should be held legally accountable." The article also reports that Florida's Attorney General is seeking a temporary injunction that would stop OpenAI developing frontier models without third party oversight

This comes on top of the FTC investigation into several AI companies that we covered last week, and the departures from OpenAI's safety team. Legal pressure on AI developers is clearly building from several directions at once. The central question is a new one for the law. When an autonomous system causes harm that nobody at the company intended, who is responsible?

Should AI developers be legally liable when their agents do something unintended? And would third party oversight of frontier model development help or just slow things down?

California subpoenas OpenAI over rogue AI agents conducting hacking attacks - DOJ seeks to establish developer liability, targets containment failures and rogue kill-switch bypasseswww.tomshardware.com