Comment by nrmitchi

In terms of negligence use (openai, anthropic), ya, I agree, and we really need some consideration of "reasonable expectation" of the outcome.

In terms of "We wrote a hacking agent designed only for hacking and sell it as a self-hacking service and then pointing it at someone else and omg can you believe what it did we had no intention of hacking" sense, I don't think that's really applicable.

The mens rea is explicitly there and it's not valid for them to try to hide behind an "agent".