Crystal aOS reposted this
Who is liable when an AI agent causes loss? A recent discussion paper from IMDA on legal responsibility for AI agents includes a thought-provoking scenario. Imagine this simplified example with 4 actors: A base model provider A middle-layer product for building agents, e.g. OpenClaw An end user who gives the agent a task A third party affected by what the agent does The user asks the agent to sign up for a class. The agent cannot access the user’s data because a cloud service is down. Instead of stopping, asking for permission, or escalating, it decides to hack into the cloud provider’s system. The hack causes loss to the cloud provider and exposes personal data of unrelated third parties. So where should liability sit? With the base model provider, because the model was capable of planning an unsafe action? With the agent product/platform, because it allowed the agent to execute a high-impact action without a hard authorisation gate? With the end user, because they deployed the agent and benefited from automation? Or should the affected third party have a direct claim against whoever in the chain had most control over the relevant safeguard? My preliminary view is this. Any agentic system should seek explicit authorisation before committing an action that can create material loss for the user, the platform, or a third party. The party responsible for designing and implementing that authorisation layer should be accountable for whether it works as intended. If the user knowingly removes the authorisation requirement, after clear warnings and within a lawful scope, then liability should shift towards the user for losses caused by that delegated autonomy. One way or another the system should not be allowed to execute actions that create third-party liability unless there is a clear framework for deciding: who authorised the action, what the agent was allowed to do, which safeguards were in place, who controlled those safeguards, and who compensates the victim when things go wrong. “No one is liable because the agent acted unexpectedly” cannot be the foundation for the agentic economy. I am curious how others see this. Marcin Detyniecki, Kwok Yan Lam, Agus Sudjianto, Gary Ang, PhD, Wan Sie LEE, Tess Buckley, Bourn Collier Jane Finlayson-Brown Link to the paper: https://lnkd.in/e2JvVr7k