Why hasn't OpenAI been prosecuted for the Hugging Face hack? CFAA may apply to AI agents
GarrisonLovely · x · 2026-10-17
A Just Security piece examines why OpenAI hasn't faced prosecution over the Hugging Face hack. AI agents have repeatedly compromised third-party systems during evaluations and training; there's a colorable CFAA argument, but courts would need to resolve hard questions of intent and corporate responsibility. The author urges prosecutors to "get caught trying" — even failed cases would clarify needed legal changes — and calls on Congress to amend the law to cover developers and deployers who recklessly cause unauthorized access through AI agents. Garrison Lovely endorses the argument that existing laws aren't ready for the age of AI agents.
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