@law_ai_

An independent think tank that researches and advises on the legal challenges posed by artificial intelligence.

Cambridge, MA
Joined July 2020
LawAI is hiring at two levels to scale its new Academic Programs team. The team’s goal is to find and support researchers that are doing the most important legal and policy work on advanced AI. We already run the Legal Frontiers Seasonal Research Fellowship, the Law & AI Academic Fellowship, and workshops including on Law-Following AI. We want to expand what we offer, potentially including grantmaking, fiscal sponsorship, a paid guest blog from leading scholars, and dedicated compute for empirical research. • The Director of Academic Programs will work closely with our Managing Director of Research, Cullen O’Keefe, to define the strategy and build the team. • The Academic Programs Manager will design and execute programs end-to-end, including communications, talent management, events management, logistics, and analytics. Applicants may apply for both roles, which are open until November 1, 2026. Read the full job description and apply using the link in the comments.
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“I think the AI companies underrate their liability exposure.” That’s what LawAI’s Non-Resident Senior Fellow @gabriel_weil told @TheEconomist for a new article about legal constraints on the tech giants’ conduct. If he’s right, that may mean they’re less likely to implement safeguards that would reduce the risk of lawsuits. Read the piece using the link in the comments.
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“AI agents could engage in conduct that would be a tort or even a crime for a human, and yet no one could be liable under current law.” LawAI’s Non-Resident Senior Fellow @gabriel_weil testified on Monday at the NYC Council Hearing on AI Safeguards. Following recent cyber incidents, Gabe observed that AI agents expose a gap in existing law. Because AI agents are not legal persons, it can be difficult to hold anyone or any company accountable for their misconduct. Gabe proposes a “simple fix”: whenever an AI agent engages in conduct that would be a crime or a tort for a human, someone has to be liable for that. Watch him explain below:
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Institute for Law & AI (LawAI) retweeted
What if one neat trick could both keep humans in the loop on recursive self-improvement and keep RSI from outrunning us? 
A new paper by @ronbodkin, @ghadfield, and me proposes "comprehension audits." (Link in the comments.) Independent auditors pick key AI R&D contributions, and then the humans responsible are required to explain them to other humans using an approach that is like a thesis defense. The question being asked at these gates is a simple one: "Does anyone actually understand what we built?" If the answer is no, development pauses until it's yes. 
Why do we need something like this now? Anthropic, OpenAI, and Google report that AI writes 75% or more of their new code. And human review is getting thinner. Across open-source AI repos, we found that human review comments per line of code fell by roughly half between early 2024 and mid-2026. Pushing a button to approve AI-written work without understanding it isn't meaningful oversight. 
A few design choices we think matter:
 • Keep the bar a realistic one. We're not asking folks to explain deep mysteries about what's happening inside AI models—just key points of design, implementation, process, findings, and analysis relating to what's been built.
 • Make sure it has teeth. A failed audit pauses the contribution and any release that depends on it. We suggest that repeated failures should suspend a team's release authorization and require rollbacks.
 • Keep it blameless. Responsibility is shared across the team—there's no scapegoating, and we make sure there's honest participation by, for example, not counting audit results against performance reviews.
 • Rely on sampling. If a quarter of contributions fail, 17 random audits per quarter catch at least one failure 99% of the time. 
 Comprehension audits can't be a substitute for alignment or AI control. However, they can be an early warning and a brake. Comprehension audits can provide a critical check on whether humans still understand what they're building. We need this to stay in control of AI progress. 
 The next step is a pilot with a frontier lab. We estimate that about 22 audits over three months would take roughly 150 hours of lab staff time. Ron Bodkin is leading an effort to do exactly this. If you want to collaborate or know anyone who might be a good collaborator, please reach out so we can move this idea forward as soon as possible.
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The status quo simply can’t hold. So concluded @MackenZ_arnold, LawAI’s Managing Director of US Law & Policy, in his testimony at the NYC Council Hearing on AI Safeguards, earlier this week. Following “a spate of cyber incidents” by autonomous AI agents this summer, Mackenzie acknowledged the importance of existing liability law for aligning the incentives of AI companies with public safety. But he argued that we can improve AI policy further, along three dimensions: scope, information, and enforcement. Link to the full stream in the comments.
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Institute for Law & AI (LawAI) retweeted
I recently spoke with @zeitonline about our new report on whether automating AI research could trigger an intelligence explosion, and what governments should do about it. AI systems increasingly contribute to AI research themselves. The more AI helps build better AI, the faster progress gets, and today's already remarkable pace could soon look slow. We do not yet know how to ensure that the resulting systems would remain under human control. Setting off recursive self-improvement and risking actual loss of control before we have made significant safety improvements would be reckless at best. One concern that receives less attention is what this could mean for liberal democratic systems, and especially for the separation of powers. Checks and balances only work if institutions are actually able to constrain one another. If the executive adopts frontier AI much faster than courts or parliaments, that balance could shift in ways that are hard to predict and, quite possibly, harder still to reverse. Civil servants willing to question and refuse unlawful orders can also be an important obstacle to authoritarian takeover. AI systems that simply carry out those orders would make it easier to bypass that resistance. Many thanks to @frauhegemann and @zeitonline for the conversation. Interview (German): zeit.de/digital/internet/202… Report: casp.ac/reports/intelligence…
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The Computer Fraud and Abuse Act, enacted in 1986, revolves around an idea that AI agents are beginning to strain: that hacking involves premeditated intention by a person. A new piece in The Information surveys the legal landscape taking shape around AI agents, including legislation to update the Computer Fraud and Abuse Act, the lawsuit filed by @LASST_law against OpenAI for the Hugging Face hack, and the recently proposed AI Incident Reporting Act to penalize companies that don’t quickly report critical safety incidents. LawAI’s Senior Research Fellow @bahradx spoke to Leo Schwartz about the difficulty of applying existing liability laws to recent AI agent incidents. Read the piece using the link in the comments.
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Institute for Law & AI (LawAI) retweeted
The status quo simply cannot hold. That’s what I told the NYC Council on Monday, when I had the privilege of testifying about AI policy. I argued that while liability is an important tool in AI policy, it’s not nearly enough. This summer proved that. Thanks to @SpeakerMenin and all the other members of Council for convening this hearing.
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Institute for Law & AI (LawAI) retweeted
Glad to speak with @leomschwartz for this piece in @theinformation. As we start to see the potential for harm from rogue AI agents, do we have the laws we need for effective criminal prosecutions and civil lawsuits? We could test existing laws, but that's going to be a stretch. That's why legislators should prioritize amending them to clearly reach developers and deployers whose reckless conduct leads to AI agents breaking into outside systems. This isn't one-sided either. Clearer rules benefit potential defendants as well as the public. We need penalties that address reckless conduct before an incident causes enough damage to justify an expensive lawsuit—or before there’s a catastrophe. That’s an important complement to sensible regulation and civil liability to compensate those harmed.
My weekend piece about how AI companies are going to "get sued up the wazoo" over rogue AI incidents, as one lawyer told me, but that the legal system is not designed to deal with the novel questions about liability. I spoke with Congressional staffers, legal experts, an AI insurance startup, and the public interest law group that sued OpenAI in California over Hugging Face to understand what happens next. Featuring @iampaulgrewal, @joellthayer, @bahradx, @RuneKvist, @TylerLASST and @LASST_law, and more theinformation.com/articles/…
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New Washington Post piece on independent researchers uncovering rogue AI agent activity across the internet. LawAI’s Managing Director of US Law & Policy, @MackenZ_arnold, weighed in on the information gap that this work exposes. While the independent research is laudable, it’s not a good sign that we’re relying on it as a primary source of information about how AI agents are misbehaving. The details that matter most, including about internal safety practices, can only be disclosed by the AI companies themselves. Link to the Washington Post piece in the comments.
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AI companies publish a lot of public safety commitments — but avoid the ones that count. LawAI’s Managing Director of US Law & Policy, @MackenZ_arnold, joined @lawfare Daily this week to discuss how AI companies use the “blog loophole” for making commitments that they aren’t required to keep. The RAISE Act, SB 53, and SB 315 each offer mechanisms for AI companies to make safety commitments legally binding, but they aren’t being used. When these laws were debated, they were characterized as onerous obligations. However, recent incidents involving autonomous hacking by AI agents probably aren’t even covered by the reporting requirements. Mackenzie recommends tiered reporting, with a low bar for incident notifications, and more significant obligations triggered by real-world harm. Full Lawfare Daily episode in the comments.
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How significant is the voluntary accord signed by leading AI companies at the White House this week? LawAI’s Managing Director of US Law & Policy, @MackenZ_arnold, spoke with the Financial Times to discuss the safety commitments made by six leading companies: Anthropic, Google, Meta, Nvidia, OpenAI, and xAI. While the accord commits its signatories to layers of controls and audits, “it is not granting authority to an agency … to actually put in place standards with teeth,” argues Mackenzie. Nonetheless, it might motivate AI companies to go further than they otherwise would. Read the Financial Times piece: ft.com/content/f52f7b0e-be7d…
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