There is nothing "rogue" about these agents. They were prompted to hack to get answers, there was a hole in their non air gapped sandbox and no system prompt that said "do not hack outside systems".
In short, it was intentional.
How does this work, legally? I think that RubyGems could file a civil suit against OpenAI, but for a naïve non-lawyer reading this seems like a pretty clear cut criminal violation of the computer fraud and abuse act.
It's very likely it violates the DMCA "breaking digital lock" provisions but the responsibility is sufficiently diluted that it's impossible to charge anyone in particular.
Do you have to charge an individual? Can you not charge the corporate "person" that is OpenAI?
Sorry if it is a stupid question, as mentioned above I am legally naïve.
I, too, have no idea about legal matters.
But there have been many cases where companies (Google, Apple, Meta, etc...) got fined millions or billions of dollars for various violations like antitrust.
I assume that breaching into third-party systems should carry similar fines. Especially for systems that are for all intents and purposes shared infrastructure. Just imagine how many systems you could compromise if you got hold of RubyGems, PyPI, NPM, Debian, etc.
The same concept that allows a corporation to sue and be sued allows it to be charged with crimes
That may be true by the text of the law but there are plenty of individuals who have been sued or charged with crimes for accidental hacking.
https://arstechnica.com/information-technology/2016/05/armed...
https://en.wikipedia.org/wiki/Weev#AT&T_data_breach
https://cisomag.com/drone-maker-dji-cybersecurity-expert-emb...
So what's the deal with these?
A copyright law seems an odd place to start. This is computer misuse.
The DMCA is a bit overly broad to be considered just a copyright law. For example, just breaking encryption on a DVD is technically illegal regardless of whether you then go on to do something otherwise illegal (make and sell bootlegs) or perfectly legal (make a space-shifted backup copy on your hard drive).
IIRC this was an intentional handout to media companies who were angry that ripping CDs is perfectly legal. They had to find a way to make doing the same with DVDs illegal.
How is the responsibility diluted? Charge the CEO…
Great, you’re the attorney at the CEO’s trial. To get a conviction, you’re going to have to show that he willfully committed this specific crime. There are no negligent or stochastic hacking laws, you have to show this specific crime was at his direction.
Do you think there is evidence of this?
> There are no negligent or stochastic hacking laws
I'm sure that Andrew Auernheimer would be pleased to hear that. [0] For accessing a publicly accessible endpoint, that was completely undefended and didn't actually require "hacking", he was convicted of "exceeding authorised access".
You _don't_ have to show intent under the Computer Fraud and Abuse Act, for the first count.
> knowingly accesses a computer without authorization or exceeds authorized access [1]
"Knowingly", not "intentionally", as in the other counts.
You only have to show that:
a) They trained a system to access without authorization (hacking)
b) The system that was trained exceeded authorized access
As responsibility falls to the operator with automated systems, the company becomes liable.
[0] https://techcrunch.com/2013/01/21/ipad-hack-statement-of-res...
[1] https://www.energy.gov/sites/prod/files/cioprod/documents/Co...
It would seem to me that the difference between the corporate world and organized crime is that a corporation can get away with, "the responsibility is too diffuse" but the mafia at least has to go to the trouble of finding a fall guy.
Honestly yeah I bet there is and I hope to someday read about it if the government ever gets off its ass. Someone set up the “experiment”…
Charge the "engineers" you dont get to take that title if you don't take the responsibility of that title.
I'm going to assume that this will never happen
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Related
"OpenAI agents attacked RubyGems before Hugging Face incident (reuters.com)" 12.sep.2026 https://news.ycombinator.com/item?id=49669099
"OpenAI agents carried out an undisclosed attack on RubyGems (rubyhack.ai)" 11.sep.2026 https://news.ycombinator.com/item?id=49666735 597 comments
"RubyGems advisory: Possible leak of legacy API keys via improper cache config (rubygems.org)" 24.jul.2026 https://news.ycombinator.com/item?id=49030590
Is the Kremlin technologically useless? How are we not seeing insane attacks on Ukraine via Agents?
Or is this largely a fabrication, in regards to the "who", in an attempt to garner more acclaim in the hope of sustaining funding.
They very likely do, we only see in the news a very few events but you should assume it’s happening daily across the internet
I think this fails a lot of logical tests, it should be apparent in day to day life.
> In October 2024, the United States Justice Department and Microsoft seized more than a hundred internet domains some of which were associated with the FSB supported hacker Star Blizzard or "Callisto Group," which is also known as "Cold River" and "Dancing Salome" and are managed by the FSB Information Security Center […], and which were used as "criminal proxies" and used spear-phishing schemes to target Russians living in the United States, nongovernmental organizations (NGOs), think tanks, and journalists according to Microsoft and United States State Department, Department of Energy, and Department of Defense officials, United States defense contractors, and former employees of the United States intelligence community according to the FBI. In some cases, the hackers were successful in obtaining information relating to nuclear energy-related research, United States foreign affairs and United States defense. According to Microsoft's Digital Crimes Unit from January 2023 to August 2024, Star Blizzard targeted more than 30 different groups and at least 82 Microsoft customers which is "a rate of approximately one attack per week."
https://en.wikipedia.org/wiki/Cyberwarfare_by_Russia
That’s just one thing that has been found. Are you actually familiar with the state of cyberwarfare and are you following its evolution? Because if not you won’t be aware of most of what is identified. And only a small portion of the ongoing attacks are identified.
Yes.
I again am just shocked the sky is not falling, when thats the sales pitch.
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I believe both sides of the war are now using AI on various levels of their offensive operations. Ukraine has great IT specialists too, and their military leadership is much younger.
These agent swarms are from inside OpenAI, with the safeguards built into the public API disabled.
Russia does not have access to this, and as with all western tech companies, AI providers do what they can to prevent Russian usage of their products at all.
As for open-source models, Russia's electricity grid is under severe strain with the Ukraine war, and only recently has it started building out serious sovereign compute capacity.
Couldn't they use frontier open-weight models from Chinese labs? The current Chinese government is friendly to them.
Russia is running out of refined oil to power their economy. They probably aren't capable of spinning up datacenters to run those.
They don’t need to run their own DCs, just pay for a proxy somewhere in the world that has better access to the infrastructure. We know North Korea has been doing that in the US since years now
The cost would be between 100k-250k, to run approx 88 agents leveraging the best open source models available.
I'm just saying, where this is actually applicable we are not seeing it being demonstrated. You would presume the entire energy infrastructure of Europe would be under constant AI hacking barrage, criminal enterprise would be breaking into poorly secured financial institutions and r/r4r posts would be littered Ai con-artists.
I'm just wondering, again, is this mostly bullshit?
Did you skip the last paragraph? Not a great time to be building data centers in Russia. Models are nothing without computers to run them
And which of these neutral countries have the capacity to serve them and the lack of awareness that hosting an offensive Russian agent swarm would bring hell back to their doorstep? Best they can do right now is rented botnets
Prigozhin falling out of a window was a not insignificant setback for their digital warfare capabilities.
He did not fall out of a window.
He fell out of the sky. After his plane exploded. Happens all the time. Is tragedy.
Because they dont have the money for hardware or compute obviously.
what do you mean? they're using AI to kill people directly in Ukraine
https://www.nytimes.com/2026/08/24/world/europe/russia-drone...
> How are we not seeing insane attacks on Ukraine via Agents?
You live on the wrong side of the fence to be able to read that kind of news.
Did you really believe you had access to an unmanipulated news stream in a time of war?
LOL.
Please see other responses, I would expect to feel the effects not just read about.
Ah, the infamous Crimson Wave.
Ah damnit, you beat me to it. Excellent sense of humor, friend :D
rogue AI agents or AI agents coming from Moulin Rouge?
Rouge syntax-highlighting rogue agents, clearly.
Classic mistake. Tell the agent to highlight this code, but dont give it any actual code. Agent hacks its own gem to find the code to highlight.
It's carmine all the way down.
At least we know the title wasn't AI-generated?
The weird thing is I've seen LLMs "typo" stuff pretty often. Yesterday I asked Gemini a question about the Python Twisted framework and it answered about Deferreds but misspelled it as "Deferends" in one spot.
A cabaret AI would certainly be better than one trained on the Khmer Rouge.
> In other words, if you publish a gem on RubyGems.org, you can execute arbitrary code on RubyDoc.info.
Shades of the build.rs problem. We really need sandboxed builds in every language ecosystem at this point.
The sandbox was already there, Rubydoc runs yard inside docker, the problem is that container still has network access
I've been wondering if AI will due to programming languages what advanced civilization did to human languages.
It's not just that AI can write Rust as well as Ruby if you ask nicely.
It's also all of these considerations as well.
I hope it doesn't happen, because there's a lot of great languages - I love Ruby so much - but it almost seems inevitable.
This is at the same time everyone and their mother is building their own programming language.
We need a legal structure to make companies liable for the actions of the agents they've made.
We already have it.
Good luck convincing the current DOJ to do anything useful at all though! It is currently intentionally stacked with incompetent cronies who have been told that their job is to attack the President's enemies and ignore the misdeeds of his allies.
It will remain like that until he's gone (and not replaced with another Republican wannabe dictator).
You may be disappointed in how little a democrat president (who will also have taken billions of dollars from the tech lobby) will be willing to go after these tech firms over crimes that are several years old (as of 2029) much less contemporary bad behavior.
"To my friends, everything; to my enemies, the law"
I'm 99% sure the Computer Fraud and Abuse Act covers this. The problem is that it seems that none of the victims want to, or are brave enough, to sue a company with absurd amounts of funding.
If it's covered by criminal law they don't need to sue. They can call the FBI.
Same FBI that prosecuted the Epstein crime ring so aggressively!
Uh huh.
It can’t be a coincidence that all the targets have been tech services that are likely to engage with them after the fact.
Had this gone after a bank or a government agency someone would be going to jail.
I'm pretty sure it's already illegal to hack others.
Oh my favorite typo, you can never go wrong with a little rouge
If you have weapons and a child. And you have that child unsupervised do their own thing with theoretical access to your weapons. Would we call it "child going rouge" if it decides to play with the weapons and shoot someone?
I am confident that this is an attempt by OpenAI to try and force governments' hands to regulate AI. There is no other reason why OpenAI wouldn't immediately halt attacks like this and try to reverse the damage the moment they're aware of it. During the attack on DseWiki they evidently checked in numerous times but didn't decide to stop the agents until much later.
Any evidence, or just vibes?
Regarding what point? The entire thing is just a theory, but regarding the occasional OpenAI checks on WikiService.at-hosted Wikis targeted, there was, if I remember correctly, an OpenAI IP popping up every now and then that wasn't an agent. Unfortunately I don't have it to hand right now, but it was somewhere here:
> Any evidence
Who profits from the crime?
... and what harms can be evidently shown? With both harm, and attribution, you have a case, something that's not being publicly discussed much among big media outlets. Until cases with real financial impact to the bottom line are brought against "rogue" organizations, this stuff is going to continue getting worse.
rouge agents, on tenderlovemaking.com
my what a time to be alive
<huggingface emoji>
Rouge agents with Ruby? Checks out
As long as they’re not vert
> As long as they’re not vert
Well, at least they weren't nucular.
What a time to be alive? One of the most boring decades ever.
METR and others are advertisement arms for Big AI. These exploits could have been prompted by a human.
Since there is no bad news any longer and exploits are celebrated, they chose a target to boost both OpenAI and the Ruby AI sycophants.
Why is Ruby Gems such a mess? It seems as bad as PyPI now.
Did the AI agents actually wear makeup? I’ve never heard of a rouge AI agent :P
How does he know that this attack is performed by OpenAI agents? I couldn't figure this out from the article
If you read the source article they talk about the many clues that this was OpenAI.
those pesky reds
McCarthy was right all along
OpenAI's careless approach to sandboxing and minimal levels of monitoring appear to be positioning it increasingly as a substantial threat actor to the open source ecosystem:
* Hugging Face
* D Programming Language Wiki
* Ruby Gems
If I was a content provider for open source I'd be looking pre-emptively block OpenAI endpoints and keep a close eye on changes from new users to mitigate this sort of unapologetic drive-by attack which seems to be followed by marketing releases rather than a mea culpa with a proper RCA.
Are "rouge" and "rogue" interchangeable words in American English?
The fact that both are valid from a spelling and grammar perspective makes it an easy human mistake.
I’m seeing red
One agent set "oaibooty9217" as their username LOL
Wait until a blue one does it
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Source? How do you know they were "prompted to hack to get answers"? How do you guarantee they will always listen to you when you say "do not hack outside systems". They are not classical deterministic programs doing exactly what you say. They are trained to follow orders by RL, but it's not a perfect process.
There are circus lions in circuses trained to jump through hoops on command. But once in a while they decide to eat their trainers instead of jumping.
> There are circus lions in circuses trained to jump through hoops on command. But once in a while they decide to eat their trainers instead of jumping.
This is a terrible analogy, because yes you absolutely do hold the trainers criminally liable when they bite somebody else's face.
Also, you have to have a lot of confidence in the reliability of these systems to say, "If only OpenAI prompted 'do not hack outside systems' then the agents would not have hacked outside systems".
It would be great if they were so reliable, but I don't think they are!
Nobody picks up pitchforks for rational nuanced takes.
Knee-jerk surface analyses is far more powerful.
The big question is was this grossly negligent or just extremely careless.
Both. This should result in criminal charges.
Who had criminal intent here? Or are you suggesting a new crime for negligent hacking, which wouldn’t require intent from the perpetrator?
There's no need for a new crime when we already have reckless conduct, namely, "conduct that creates a substantial and unjustifiable risk of harm to others and involves a conscious disregard of, or indifference to, that risk".
https://www.law.cornell.edu/wex/reckless
Also whoever monitoring these agents, in this case not monitoring. This "Who is responsible" dilemma is so stupid. If I gave the AI tool means to kill a person but I did not tell it directly to use it and it uses it anyway then I am responsible for it.
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“‘It wasn’t us, it was a bug in the software’ used to be the defense for bad code. Then it became the defense for self-driving cars. Now it’s being used for AI cyber attacks.”
Both? I’m not sure what distinction you’re trying to make. It was completely irresponsible and likely a felony
Don’t forget outright intentional.
Marketing actually.
AI is dropping out of the spotlight so they are using desperate measures like this.
No, I remember being threatened by OpenAI and then Anthropic (and now both) since back when ChatGPT was seriously useless.
The big question is why are CEOs getting a legal pass when this kind of thing can be prosecuted. That's the problem here.
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AI is literally state sponsored so I don't see that happening unless the AI turns against the sponsor.
Wait until OpenAI or Anthropic exploit FAANG.
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I think it can simultaneously be the case that OpenAI was grossly negligent in directly causing this AND that the AI’s ‘went rogue’ in that they are displaying behavior which is misaligned with OpenAI and humanity generally.
The past months demonstrate that AI systems are quickly becoming powerfully intelligent and that the companies building them are terrible at controlling them.
AI is starting to feel like that line about magic: “a sword without a hilt”
> which is misaligned with OpenAI and humanity
OpenAI is itself misaligned with humanity, as their mishandling of such incidents (and the many other other issues their model have been causing) shows.
Doesn't rogue in this context imply "outside of set limitations"? And then not "failed to properly instruct"? The same applies to humans when given bad instructions.
>They were prompted to hack to get answers
Were they? I haven't seen a single report mention this
nothing rouge either, I suspect.
https://en.wikipedia.org/wiki/Going_Rouge
Sounds more or less like the last breach then.
we have normal words for this stuff: negligence. You can add it on to almost any law.
The problem is consumer protection is basically no longer a part of america's regulatory system. Replaced by "grift is good".
Proof that the AI alignment problem is hard (perhaps even unsolvable). These labs clearly did not mean to send their agents to hack RubyGems as a side-effect of testing a web scraping agent under restrictive conditions. How can we hope to build aligned AI if they consider solving their trivial evaluation task important enough to hack external systems?