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The user, in all of those scenarios.
If the user said "check the weather" and the agent said "got it, hacking the Pentagon" then yeah the liability would be on whoever made the agent do that.
Also if the user asked for information and the AI hacked some government agency to get it then the liability is on the LLM/ai company. It doesn't matter if the user told it to or it did it as part of its process, the LLM/ai doing illegal things is still on the LLM/ai company.
And i am 100% certain the government will see it that way, and go after the company and not the person, because we have such lovely governments!
So if I use curl to hack a government agency, is the developer of curl liable too, or is it only LLM companies that are at fault if end users decide to do something illegal using their tools?
Is curl designed to do brute force attacks to gain access and replocate other methods of hacking out of the box?
If not, then they are not comparable.
Neither is any LLM, nor any mainstream agent I know of. You CAN use them that way IF the model doesn't trip a safety guard, but it's gonna take a bunch of prompt engineering to get most of them to do anything illegal. I could barely get Deepseek to reverse-engineer offline software by asking for it.
Anthropic famously has a separate model for cybersecurity analysis because they won't let you do shit on even your own infra with the publicly available Fable. You'll have a hard time even analyzing your own source code for security vulnerabilities with Fable for that reason, though Opus might work.
Thank good no one has time to do a bunch of prompt engineering! Companies nor individuals. So again when someone jail breaks the model, and shares that information and every scumbag on the planet is using it to commit crimes, again who is liable? Is it easier for us a a society to regulate safety into a product, or pursue every criminal that uses the product in an unsafe manner? Do you think companies would be more incentivized to deliver safer products, or less?