AI companies should be liable for harms caused by their deployed models

For (39)

• 

  James Uthmeier

  39th Attorney General of Florida

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  votes For and says:

  Today, we announced the first-in-the-nation state-led lawsuit against OpenAI and its CEO, Sam Altman. OpenAI and Altman ignored internal and external safety warnings, put children at great risk, and allowed a dangerous product to reach millions of Fl...

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  David Danks

  Distinguished University Professor of Philosophy, AI, and Data Science at the University of Virginia; AI ethics and policy scholar

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  votes For and says:

  A different future is one where we think carefully about issues of accountability and liability and recognize that the companies and organizations creating these systems should bear some accountability when the systems fail or go awry. We have very ...

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  Brendan Steinhauser

  CEO of The Alliance for Secure AI; longtime Republican political strategist and former Tea Party organizer

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  votes For and says:

  White House AI czar David Sacks continues to do the bidding of Big Tech at the expense of regular, hardworking Americans. This federal AI framework seeks to prevent states from legislating on AI and provides no path to accountability for AI developer...

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  Center for Humane Technology

  Nonprofit advocating for technology aligned with humanity's interests; publishers of "The AI Roadmap."

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  votes For and says:

  Right now, AI companies face few if any consequences for the harms their products cause. In their "move fast and break things" culture, these companies release AI products to the public despite foreseeable risks, and evade accountability when their p...

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  Thomas Woodside

  Secure AI Project co-founder

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  votes For and says:

  Liability already exists under common law and provides a powerful incentive for AI companies to take reasonable steps to prevent foreseeable risks from their AI systems. SB 3444 would take the extreme step of nearly eliminating liability for severe h...

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  Cesar Fernandez

  Head of US State and Local Government Relations at Anthropic

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  votes For and says:

  We are opposed to this bill. Good transparency legislation needs to ensure public safety and accountability for the companies developing this powerful technology, not provide a get-out-of-jail-free card against all liability.

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  Scott Wisor

  Policy Director at Secure AI Project; philosopher and former professor of ethics

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  votes For and says:

  We polled people in Illinois, asking whether they think AI companies should be exempt from liability, and 90 percent of people oppose it. There's no reason existing AI companies should be facing reduced liability.

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  Meetali Jain

  Tech Justice Law Project founder

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  votes For and says:

  A strong product liability law incentivizes companies to consider safety throughout the design and development process of AI products;

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  US Policy Team

  Future of Life Institute policy team

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  votes For and says:

  The Roadmap emphasizes the need to “hold AI developers and deployers accountable if their products or actions cause harm to consumers.” We agree that developers, deployers, and users should all be expected to behave responsibly in the creation, deplo...

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  Cristian Trout

  Researcher on AI liability and insurance

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  votes For and says:

  Abstract: As AI systems become more autonomous and capable, experts warn of them potentially causing catastrophic losses. [...] developers of frontier AI models should be assigned [...] liability for harms [...]. Mandatory insurance [...] is recommen...

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  Danielle Coffey

  News Media Alliance president and CEO

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  votes For and says:

  We can agree more the hypocrisy that there would be a contradiction. So, it's good to hear, then, they're saying that they're the creator of the content because they're saying that in courts over copyright right now. ``We're creating this new express...

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  Gabriel Weil

  Law professor, AI governance

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  votes For and says:

  Thankfully, just such a policy is available: Make AI companies pay for the harm they cause.

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  Gary Marcus

  Professor of Psychology and Neural Science

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  votes For and says:

  Yes, I agree [...] we need a new liability framework. [...] AI systems can produce harm at large scale [...]. Developing a framework for making companies responsible for harms [...] indirectly [...].

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  Gleb Tsipursky

  Behavioral scientist and author

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  votes For and says:

  However, the problem with these proposals is that they require the coordination of numerous stakeholders from a wide variety of companies and government figures. Let me share a more modest proposal that’s much more in line with our existing methods o...

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  Christina Montgomery

  IBM Chief Privacy & Trust Officer

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  votes For and says:

  Yes. In fact, IBM has been publicly advocating to condition liability on a reasonable care standard.

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  Marc Benioff

  CEO and co-founder of Salesforce

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  votes For and says:

  This year, you really saw something pretty horrific, which is these AI models became suicide coaches. [...] It's funny, tech companies, they hate regulation. They hate it, except for one. They love Section 230, which basically says they're not respon...

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  Anat Lior

  Assistant Professor of Law at Drexel University Kline School of Law; AI liability and governance expert

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  votes For and says:

  Intentional or reckless is not a common legal standard of care for companies engaging in highly dangerous activities. [...] They are setting the bar very low here. Being able to prove that you did something intentionally that involves AI is going to ...

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  Bruce Schneier

  Security technologist and author

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  votes For and says:

  In order for our free market to function in the public interest, the companies amassing wealth and profiting from AI must be forced to take ownership of, and internalize, these costs.

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  Brad Carson

  Americans for Responsible Innovation president

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  votes For and says:

  Generative AI systems do not fit that model. The user provides a prompt. The company designs the model, selects the training data, fine tunes the system and deploys it with parameters of its choosing. The resulting output is not third-party content. ...

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  Stuart J. Russell

  AI Expert and Professor

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  votes For and says:

  And a second point is about liability. And it's not completely clear where exactly the liability should lie. But to continue the nuclear analogy, if a corporation decided they wanted to sell a lot of enriched uranium in supermarkets, and someone deci...

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  Brian A. Jackson

  Senior physical scientist at RAND Corporation; co-author of the 2026 report on internet cutoff switches as emergency response to AI incidents

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  votes For and says:

  Data centers facing a rogue AI incident have rational financial incentives to delay pulling the internet kill switch, and the only thing likely to change that calculus is liability.

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  Max Tegmark

  Physicist, AI Researcher

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  votes For and says:

  [The lawsuits against AI chatbots] could spur concrete guardrails — such as requiring companies to test models for specific harms before deployment. [...] [The cases could break] the taboo that AI must always be unregulated.

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  Kate Crawford

  AI researcher, USC Research Professor, Microsoft Research Senior Principal Researcher; author of Atlas of AI

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  votes For and says:

  If we look at what's happened in the last 10 years in the tech space, unfortunately we've seen a lot of accountability laundering—which is when companies can say, 'Well, I don't know. I mean, the algorithm did it.' [...] This becomes even more comple...

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  Mark MacCarthy

  Tech policy scholar

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  votes For and says:

  Meta should be liable if Meta AI, its chatbot, provides advice, guidance, or recommendations that would create liability if provided by a human.

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  Rob Eleveld

  Transparency Coalition CEO

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  votes For and says:

  To think that product liability protections for US consumers should not apply to AI products [...] is absurd. Of course those laws apply to AI products.

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  Dick Durbin

  U.S. Senator; Senate Democratic Whip

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  votes For and says:

  The AI LEAD Act would establish a federal cause of action against AI companies for harms caused by their systems.

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  Lina Khan

  Former FTC Chair; antitrust scholar

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  votes For and says:

  We are squarely focused on aligning liability with capability and control. Where there is AI-related harm, we will look not just at the main offender, but also those upstream that provided the tools and financing that knowingly facilitated the downst...

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  Brad Smith

  Microsoft vice chair and president

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  votes For and says:

  this is our legal problem, not yours. If they use our system properly, we’re the ones who are liable, not them.

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  Scott Wiener

  California state senator

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  votes For and says:

  If you develop a model *today* [...] and that model causes harm of any scale, someone can try to sue you [...] potentially recover damages.

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  Rohit Chopra

  CFPB Director; U.S. consumer regulator

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  votes For and says:

  Specifically, advertising and marketing that uses sophisticated analytic techniques, depending on how these practices are designed and implemented, could subject firms to legal liability.

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  David Evan Harris

  UC Berkeley public scholar, tech policy advisor

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  votes For and says:

  Hold developers of AI systems legally liable for harms caused by their systems, including harms to individuals and harms to society.

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  Josh Hawley

  U.S. Senator for Missouri

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  votes For and says:

  When these new technologies harm innocent people, the companies must be held accountable.

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  Sam Altman

  CEO at OpenAI

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  votes For and says:

  However, if liability frameworks are too lax, negative externalities may appear where a company benefits from lack of oversight and regulation at the expense [...]

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  Woodrow Hartzog

  Law professor, Boston University

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  votes For and says:

  and it's no substitute for meaningful liability when AI systems harm the public.

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  Richard Blumenthal

  U.S. Senator from Connecticut

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  votes For and says:

  and ensuring that AI companies be held liable when their products breach privacy, violate civil rights, endanger the public, [...]

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  Margrethe Vestager

  Former EU Commission executive vice-president for Competition; AI governance advocate

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  votes For and says:

  This should make it easier for consumers to claim compensation for damages caused by such systems.

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  Ursula Pachl

  BEUC deputy director general

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  votes For and says:

  It is essential that liability rules catch up with the fact we are increasingly surrounded by digital and AI-driven products and services like home assistants or insurance policies based on personalised pricing.

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  Didier Reynders

  European Commissioner for Justice (2019–2024)

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  votes For and says:

  Current liability rules are not equipped to handle claims for damage caused by AI-enabled products and services,

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  John Villasenor

  UCLA professor; Brookings senior fellow

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  votes For and says:

  If it turns out that [...] renders the product harmful, the company needs to bear responsibility for that as well.

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Against (8)

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  Vitalik Buterin

  Ethereum cofounder; technologist

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  votes Against and says:

  Putting liability on users feels most incentive-compatible. While the link between how a model is developed and how it ends up being used is often unclear, the user decides exactly how the AI is used. Liability on users creates a strong pressure to d...

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  Fei-Fei Li

  Stanford AI professor; HAI co-director

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  votes Against and says:

  SB-1047 holds liable [...] the original developer of that model. It is impossible [...] to predict every possible use. SB-1047 will force developers to pull back [...].

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  Jeff Jarvis

  Journalism professor and media commentator

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  votes Against and says:

  I can go to the machine, and I can have it write a horrible poem, as the Senator said, about anyone that's bad. Is that my fault, or is that the machine's fault? I think that the question becomes-- you're going to find newspapers and TV stations that...

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  Yann LeCun

  Computer scientist, AI researcher

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  votes Against and says:

  Making technology developers liable for bad uses of products built from their technology will simply stop technology development,

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  Indeed

  Job search and hiring platform

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  votes Against and says:

  you are solely responsible for your screening and hiring decisions [...] You agree to use AI Recruiting Summaries with appropriate human review.

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  Jack Solowey

  Cato Institute policy analyst

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  votes Against and says:

  Making AI providers liable for securities violations generally would produce inferior incentives. [...] Neither doctrine suggests universal AI provider liability for resulting harm is appropriate.

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  Anjney Midha

  a16z general partner

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  votes Against and says:

  The idea of imposing civil and criminal liability on model developers when downstream users do something bad is so misguided and such a dangerous precedent.

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  Ari Cohn

  Free Speech Counsel, TechFreedom

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  votes Against and says:

  But exposing the tool makers or providers to liability for intentional bad acts that others set out to do is a cure worse than the disease.

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