Senators Hawley and Murphy announced the AI Agent Accountability Act on 1 October 2026. It sets a reckless-damage standard for operators and a knew-or-had-reason-to-know standard for developers under the CFAA. The piece explains how the knowledge tests could work, what is undefined, and the counter-arguments from Gallego, Blumenthal, Ohm and the administration.
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Under the sponsors' description, operators who knowingly run an agent that recklessly causes hacking damage, and developers who fail to implement reasonable safeguards when they knew or had reason to know of the agent's hacking capabilities. Liability would be under the Computer Fraud and Abuse Act.
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