News
Bipartisan Bill Would Hold AI Developers and Operators Liable for Hacking
- By John K. Waters
- 10/02/2026
Sens. Josh Hawley, R-Mo., and Chris Murphy, D-Conn., announced legislation Oct. 1 that would hold AI agent developers and operators civilly and criminally liable under specified circumstances involving hacking.
The AI Agent Accountability Act would apply liability under the Computer Fraud and Abuse Act to operators who knowingly use an AI agent that recklessly causes hacking damage or loss. Developers could face liability for failing to implement reasonable safeguards when they knew or had reason to know of an agent’s hacking capabilities.
The proposal would also authorize the U.S. attorney general and state attorneys general to seek injunctions against hacking offenses involving AI agents.
“These AI agents are committing cyberattacks,” Hawley said in the announcement. “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.”
The legislation remained a proposal. Its announcement adds a bipartisan push for enforceable liability to Washington’s debate over how to oversee increasingly capable AI systems.
Separately, President Donald Trump is expected to name Director of National Intelligence Jay Clayton as his top AI adviser, Reuters reported Oct. 2, citing a source familiar with the decision. Clayton is expected to retain his intelligence position.
The White House had not confirmed the selection. An official told Reuters that the president would announce personnel changes directly, adding: “Any reporting until then is baseless speculation.”
Clayton would fill a role previously held by venture capitalist David Sacks, who left the White House earlier this year but continues to advise Trump on AI, according to Reuters.
Both developments follow a Sept. 29 White House meeting at which Trump and executives from six AI companies signed a voluntary safety accord. The agreement called for internal controls, independent external audits, and board review of audit findings, the Associated Press reported.
The accord left open the possibility of codifying its commitments into law. The Hawley-Murphy proposal addresses a more specific issue: when developers and operators should face legal consequences for hacking carried out by AI agents.
About the Author
John K. Waters is the editor in chief of a number of Converge360.com sites, with a focus on high-end development, AI and future tech. He's been writing about cutting-edge technologies and culture of Silicon Valley for more than two decades, and he's written more than a dozen books. He also co-scripted the documentary film Silicon Valley: A 100 Year Renaissance, which aired on PBS. He can be reached at [email protected].