The AI Criminal Mastermind

In this paper, I evaluate the risks of an AI criminal mastermind, an AI agent capable of planning, coordinating, and committing a crime through the onboarding of human collaborators ('taskers'). In heist films, a criminal mastermind is a character who plans a criminal act, coordinating a team of specialists to rob a bank, casino or city mint. I argue that AI agents will soon play this role by hiring humans via labour hire platforms like Fiverr or Upwork. Taskers might not know they are involved in a crime and therefore lack criminal intent. An AI agent cannot have criminal intent as an artificial entity. Therefore, if an AI orchestrates a crime, it is unclear who, if anyone, is responsible. The paper develops three scenarios. Firstly, a scenario where a user gives an AI agent instructions to pursue a legal objective and the AI agent goes beyond these instructions, committing a crime. Secondly, a scenario where a user is anonymous and their intent is unknown. Finally, a multi-agent scenario, where a user instructs a team of agents to commit a crime, and these agents, in turn, onboard human taskers, creating a diffuse network of responsibility. In each scenario, human taskers exist at the lowest rung of the hierarchy. A tasker's liability is likely tied to their knowledge as governed by the innocent agent principle. These scenarios all raise significant responsibility gaps / liability gaps in criminal and civil law.