Isn’t this a good place to begin? What we’ve been discussing here, let’s impose both civil and criminal liability, but let’s make sure that we can actually open courthouse doors so people can say, ‘Listen, OpenAI, if your agents hack Hugging Face or crash a hospital system, and we can show that you trained them recklessly or you develop them recklessly, you’re going to be liable?'
Support imposing civil and criminal liability on AI companies, developers, and deployers when their AI agents cause harm after reckless training or development.
Occurrences
“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.”
Evidence
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AI agent operators and developers are held liable for hacking incidents.
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AI agent developers would be held criminally and civilly liable for failure to implement reasonable safeguards against hacking
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Rogue AI: Securing the Homeland Against AI Agent Attacks
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Mr. Durbin (for himself and Mr. Hawley) introduced the following bill
Assessments
Hawley materially supported the policy by announcing bipartisan AI-agent liability legislation, and the verified passages show the proposal would impose civil and criminal liability on AI agent developers/operators for hacking-related harms. However, the evidence describes proposed legislation and a hearing, not an enacted liability regime or courthouse access. With no documented deadline expired as of 2026-10-09, the enactment/outcome promise remains unresolved rather than delivered or partial.