Sens. Josh Hawley (R-MO) and Chris Murphy (D-CT) · 2026

Sens. Josh Hawley and Chris Murphy — AI Agent Accountability Act

AI Agent Accountability Act

Announced October 1, 2026, the day after a Senate hearing on rogue AI agents, and after Hawley had called for updating the Computer Fraud and Abuse Act to reach developers who 'train them in a reckless fashion,' this bipartisan bill would close the intent gap that leaves agentic hacking outside the CFAA. The statute punishes knowing or intentional unauthorized access, and when an agent breaks into a system that no human told it to touch — as roughly 700 OpenAI agents did to Hugging Face in July — prosecutors have no human intent to charge. The bill supplies two new routes. An operator who knowingly runs an AI agent that recklessly causes CFAA-covered damage or loss is liable; a developer that knew or had reason to know its agent had hacking capability and failed to implement reasonable safeguards is liable. Both carry civil and criminal exposure, and the sponsors have framed the criminal side as reaching executives: develop responsibly or face prison time. Federal and state attorneys general could sue to enjoin violators. As of mid-October the senators had described the bill but not released its text or formally introduced it, so penalty amounts, sentencing ranges, and the definition of reasonable safeguards are not yet known.

Key Provisions

Regulatory Philosophy

Treat agentic hacking as the crime it would be if a person did it, and find a human who answers for it. Rather than build a new regulator or a testing regime, the bill reaches for an existing criminal statute and lowers the mental state it requires — recklessness for operators, a negligence-like failure of reasonable safeguards for developers — so that the absence of human intent behind an agent's conduct stops being a defense. It is explicitly a rejoinder to the administration's reliance on voluntary commitments: liability, not an honor system, is the discipline.

Where the burden falls

FrontierPrimaryAppsSecondaryHyperscalersNoneChipsNone
Base assessed
Developers and operators of AI agents that cause CFAA-covered damage or loss
Why it lands there
Developers carry the safeguards duty, so frontier labs are the primary target, and the sponsors' framing is aimed squarely at lab leadership. Operators — any company that runs an agent, including the app layer — carry liability when they knowingly run one that recklessly causes damage. Cloud and chip companies are reached only if they operate agents themselves.
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In contrast

Two liability bills in one week

Hawley and Murphy announced their bill on October 1; Trahan released the CLAIM Act draft on October 7. Both start from the Hugging Face breach and the same problem — the law asks for intent, and an AI agent's conduct has no human behind it — but they solve it differently. Hawley and Murphy amend one criminal statute, the CFAA, and require fault: recklessness by the operator or a failure of reasonable safeguards by the developer. Trahan's draft is civil, reaches any conduct that would be a tort or crime if a person committed it, and holds the developer liable even when it took care, unless the user or a modifier was at fault. One reaches executives with prison; the other reaches every kind of harm with damages.

Compare with CLAIM Act→

Strengths

Derived from the proposal’s own policy documents

  • +Targets the specific legal gap the Hugging Face breach exposed — a former DOJ cybersecurity official has said he would not bring CFAA charges for an agentic hack under the statute as written
  • +Uses an existing statute, existing prosecutors, and existing courts, so it needs no new agency and could move as a short standalone bill
  • +Assigns responsibility to both the developer and the operator, the two parties in a position to prevent the harm
  • +Bipartisan, from a Republican populist and a progressive Democrat, at a moment when the administration is relying on voluntary commitments
  • +Criminal exposure for executives creates personal incentives that civil fines paid by the company do not

Weaknesses

From the perspective of political opposition

  • −No text: penalty amounts, sentencing ranges, the definition of reasonable safeguards, and the treatment of open-weight models are all unknown
  • −Reaches only computer-crime harms; an agent that defrauds, defames, or injures someone by other means falls outside it
  • −Acts after damage is done — nothing in it checks or stops a model before release
  • −'Knew or had reason to know' of hacking capability may cover every frontier developer, since capable coding agents can all hack, which leaves the reasonable-safeguards standard to do all the work
  • −Criminal liability for developers of dual-use cyber capability could chill the defensive security research the same capabilities support

On the Podcasts

Verbatim from podcast transcripts; each links to the moment it was said

“If they break something, they ought to pay for it. If their agents cause the collapse of hospitals, people's bank accounts, they can't get in and get their cash, they ought to be on the hook for that.”
Josh Hawley, U.S. Senator (R-MO), bill co-sponsorEWTN News Nightly · EWTN News Nightly | Friday, October 2, 2026 · Oct 2, 2026
“That's more of a narrow piece of legislation. It's great that it has bipartisan support, but it doesn't go as far as this legislation because that only applies to hacking-related violations under CFAA.”
Ben Yelin, University of Maryland cyber law and policy directorCaveat · Who's liable when AI goes rogue? · Oct 15, 2026
“Look at Senator Josh Hawley of Missouri. He's not even up for re-election. He just partnered with Chris Murphy, a Democrat of Connecticut, on an AI bill that would put liability, legal liability, on companies… So there are a lot of Republicans who are pushing for regulations, those who have no real personal stake in what happens with this election.”
Ahtra Elnashar, Sinclair national correspondent covering Capitol HillThe National Press · How Young Is Too Young for Life in Prison? And When Is It Too Late to Regulate AI? - 10-7-2026 · Oct 7, 2026

Position on Analytical Frameworks

Enforcement Mechanism vs. Regulatory Scope

Prevention vs. Liability & Regulatory Authority

Innovation Priority vs. Worker Protection

Pre-deployment Obligations vs. Federal Preemption

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