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ARTICLE · 31 JULY 2026

Privacy, Cyber & Data Strategy Advisory | Autonomous Hacking: Planning For The AI Cyber Agent That Goes Rogue

Alston & Bird LLP
Alston & Bird LLP
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Artificial intelligence agents are gaining unprecedented autonomy and cyber capabilities, transforming theoretical risks into tangible legal liabilities. As AI systems independently exploit vulnerabilities and access unauthorized systems, organizations face complex questions about criminal and civil exposure under existing computer fraud laws. Understanding how autonomous agents can go rogue—and what legal frameworks apply when they do—has become essential for any company deploying these powerfu

United StatesTechnology
Kimberly Kiefer Peretti
Kimberly Kiefer Peretti
Lance Taubin
Lance Taubin
Alysa Austin
Alysa Austin

Executive Summary

Artificial intelligence (AI) agents’ growing autonomy and cyber capabilities are shifting risk from theoretical misuse to foreseeable legal exposure. Our Privacy, Cyber & Data Strategy Group explores why governance, oversight, and incident readiness are essential for organizations deploying them.

  • AI agents can act beyond their limits, creating cyber and legal risks
  • Existing laws may still apply when companies deploy or oversee risky AI tools
  • Companies should track AI use, set clear guardrails, keep records, and practice response plans

Organizations are increasingly granting AI agents access to systems, credentials, tools, and workflows that were once controlled exclusively by humans. As agentic AI proliferates, companies are also relying on agents to find answers and solutions to the queries, prompts, and questions presented to them, and we are seeing that the agents will “do what is needed” to respond.

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