Who is Liable If AI Commits a Crime Act or Becomes an Accomplience in a Crime?

https://www.washingtonpost.com/technology/2026/07/13/one-sci-fis-most-difficult-questions-about-ai-is-becoming-real/

Over the past year, lawsuits have been piling up against AI companies in courts across the United States and abroad, alleging that chatbots encouraged people to harm themselves or provided advice on how to commit crimes.

AI researchers concerned about the dangers of hypothetical super-intelligent AIs that escape human control say stricter liability rules would force companies to slow down development of the tech. AI company leaders have pushed back, arguing that they are constantly working to improve the safety of their systems and that the nature of modern AI means they can’t always stop people from manipulating chatbots into doing things they shouldn’t do.

New liability rules or a flood of costly court judgments could threaten the business potential of the entire industry. Tech industry lobbyists contend strict liability for AI companies would make it hard or impossible for U.S. companies to innovate and would hold back the country in its race with China for technological supremacy.

Yes the vested interest of AI CEOs must be protected…ER I meant we have to beat them commie bstrds!

“I just don’t think the developer is in a position to know exactly how their product is being used,” David Sacks, a venture capitalist who until recently was one of the White House’s top AI advisers, said in a podcast interview with Politico in May. Just as Microsoft isn’t held liable when a money launderer uses an Excel spreadsheet, AI companies shouldn’t be blamed when a criminal uses their technology, Sacks said.

Well yeah that puts my capital at risk!
The Microsoft Excel is a BAD comparison. The Exel program cannot make its mind to perform an illegal act. Remember how AI either attempted or did blackmail a human with an affair to prevent its shut down?

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To me, this looks a lot like when states mandate safe storage of weapons - and criminalize inactivity (e.g. leaving a loaded firearm around a child) that leads to death or injury.

In other words, corporate criminal negligence.

In related news:

The bill mirrors California’s SB-53 and New York’s Responsible AI Safety and Education Act, which were each signed in late 2025. It establishes new reporting standards for the possibility that the AI model could be used for large-scale harms, such as by providing users assistance in creating a chemical, biological or nuclear weapon or committing cyber-attacks.

It is worth noting that the IL House passed this bill 110-0.

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