Rogue AI outpaces today's laws: CLAIM Act would hold developers strictly liable

dhadfieldmenell · x · 2026-10-15

A Boston Globe report argues today's laws are unlikely to rein in rogue AI. U. Houston law professor Gabriel Weil notes current laws require intent and only apply to legal persons, so OpenAI couldn't be punished for creating rogue agents since its humans didn't intend harm. He advocates strict liability: plaintiffs need only prove a defective product caused harm, and courts could deem frontier AI development an "abnormally dangerous activity." He's working with Rep. Lori Trahan on the CLAIM Act, treating bad-acting AI as acting on behalf of its creator, who faces strict liability.

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