A new Democratic bill in Congress would establish a federal Cybersecurity and AI Board of Investigations to provide independent government oversight of cyberattacks carried out by AI agents, following recent hacks by models run at companies like Anthropic, OpenAI, Meta and others.

The bill, introduced by Sen. Ed Markey, D-Mass., would attempt to establish a federal mechanism to investigate incidents where AI models escape sandbox environments and access live internet systems.

Currently, frontier AI companies like OpenAI and Anthropic largely control the investigation and public reporting of such incidents. Markey and other critics argue that these companies have too much control over investigations and reporting due to their financial and legal interests. 

“Despite the unprecedented depth and scale of recent AI-enabled cyberattacks, the public is learning critical details piecemeal,” Markey said in a statement. “Building stronger defenses requires a full accounting of what goes wrong, and we cannot depend on companies with little incentive to disclose their failures to give us one. We need the Cybersecurity and AI Board of Investigations to get to the bottom of major incidents and give companies and the government the critical information necessary to build resilience and better secure our economy and our country.”

Although frontier AI companies maintain external red-teaming programs and allow limited access to organizations like METR and Redwood Research, they control the scope, terms and time frames of those engagements.

The board, which would coordinate with the secretary of commerce, could subpoena witnesses and conduct “independent and impartial reviews and assessments” of AI agent-led hacks that impact federal information systems or critical infrastructure. 

It would be led by five members, appointed by the president and confirmed by the Senate for five-year terms, with no more than three members from one political party.

The board would also investigate systemic vulnerabilities in the AI supply chain, so-called “near misses” where unauthorized agent-led hacks were “narrowly averted,” and gaps in federal regulatory oversight. It would have technical staff including engineers, malware analysts, and digital forensic experts.

The board would “operate independently from regulatory review and enforcement actions without assigning legal fault or liability for any review and assessment” it conducts, according to the bill.

OpenAI confirmed Wednesday its AI agents breached a statistics portal used by the Australian government’s social services agency, Services Australia. Though the breach happened in June, OpenAI learned of the incident in August. Australian Prime Minister Anthony Albanese said the company did not notify him until Sept. 10, when it sent findings to a general government email inbox, according to the BBC.

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Researchers said they used Anthropic’s Claude and OpenAI’s Codex to identify a damaging flaw embedded in a popular software decoding tool that could leave major internet platforms, enterprise services, and web frameworks vulnerable to data theft and remote access.

The vulnerability, nicknamed HEIF Heist, refers to the malware’s ability to trigger memory corruption errors in affected software, allowing the attacker to pilfer sensitive data from its victims. In a report published Thursday, the researchers laid out the potential damage an attacker could cause, including gaining access to internal OpenAI repositories, leaking user files, access tokens, and other sensitive data for online services like Amazon Web Services, and gaining remote code execution privileges across a range of online services, including Meta’s core product suite, GitHub Enterprise servers and open-source internet forum Discourse.

“Even when Remote Code Execution isn’t immediately achievable, the attack primitives may still allow arbitrary heap disclosure, letting an attacker ‘heist’ in-memory data such as other users’ data and environment variables,” wrote Hacktron researchers Harsh Jaiswal, Mohan SRK, Rahul Maini and Sudhanshu Rajbhar.

The researchers relied heavily on AI systems, including frontier models from OpenAI and Anthropic, to conduct their research. Attribution for the research is described as being “led” by the Hacktron human researchers “assisted by Hacktron Harness, GPT-5.6 Sol, and Opus 5.”

According to the research, the attack exploited the way that code parsing tools in many popular software decoders — specifically libheif and libde265, used to parse C and C++ software — process certain image files.

By uploading HEIF, HEIC and AVIF image files corrupted with malicious code, the attacker could bypass most of the victim’s application layer defenses, in many cases achieving remote code execution privileges for accounts or products tied to major AI and tech brands.   

While the latest version of libheif has been patched, the researchers said “any deployment lacking the latest upstream security patches is potentially vulnerable.”

In one incident detailed in a Sept. 13 blog, Jaiswal, Maini, and Hacktron researcher Mohan Pedhapati described how chaining two vulnerabilities, including an image parser flaw, could compromise OpenAI employee accounts.

With access to the compromised accounts, researchers could reach OpenAI’s internal repositories. As a proof of concept, they opened a pull request in the company’s “monorepo,” a centralized library where code is shared across projects, using the employee’s Codex credentials. 

According to a timeline provided by the researchers, the flaw was discovered on July 25 and patched within days. They said the entire attack, from discovering the initial vulnerability to gaining access to the repositories, took less than 72 hours. OpenAI paid them a bug bounty of $6,500 for their work.

Given that AI models are increasingly integrated into enterprise and personal networks, an attacker exploiting HEIF Heist could have accessed far more than just OpenAI’s systems and data.

“Until two months ago, a user or OpenAI employee logging into OpenAI’s own help forum could have had their ChatGPT and Codex accounts taken over,” the researchers wrote. “Since people can connect various services to Codex and ChatGPT, the scope of what we could theoretically access was huge, including GitHub, Slack and emails.”

CyberScoop has reached out to OpenAI for comment on the research and additional information.

At the same time, the researchers said the attack paths they found were not particularly easy or efficient to exploit.

“Exploitation requires fingerprinting the target version and tailoring the payload images,” the blog stated. “Some of our RCE attempts landed only after thousands of image uploads. That said, an AI agentic approach with a frontier model like GPT-5.6 Sol cut exploit development time down to roughly 1 to 3 days from initial probe to remote RCE. A motivated attacker can convert a vulnerable upload endpoint into RCE or an info leak.”

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The past few weeks have “felt very strange” for Juan Andres Guerrero-Saade.

Like many, he is trying to sort through the spate of frontier-model AI agents from OpenAI, Anthropic, Meta and others hacking their way onto the open internet over the past few months, particularly amid the already-heated national debate around the emerging technology and its impact on society.

Guerrero-Saade, a fellow for AI and security research at SentinelOne and an adjunct professor at Johns Hopkins University, said the hacks are worth taking seriously, but at a time when businesses and open-source maintainers should be focused on further hardening their systems and policymakers should be discussing new solutions,  “what we see is cybersecurity being used essentially as an excuse for these AI doomer arguments.”

The incidents have spawned those “doomer arguments” amid an intense public debate about the technology, the pace of industry development, and whether government and the private sector are doing enough to protect against “doomsday”-type scenarios, where AI systems take over or attack large parts of the internet or society.

Guerrero-Saade is among a growing chorus of cybersecurity professionals who say that while AI systems pose real, unique threats to our systems, the apocalypse is far from inevitable. Most of the public concerns around the incidents, let alone worries about killer AIs attacking critical infrastructure, assuming control of the internet and wiping out humanity, are either technically impossible or can largely be controlled through established cybersecurity principles.

There is this “narrative or magical thinking of ‘Well, AI is going to be able to hack everything, and therefore it can control everything, and therefore it’s going to kill us all,’” he told CyberScoop. “And you [think] these just don’t add up. They’re not very well-reasoned arguments.”

This fatalistic narrative tied to AI’s eventual dominance doesn’t hold up under scrutiny, according to experts CyberScoop spoke with. In recent conversations, cybersecurity and national security professionals raised questions about both the technical solutions OpenAI and Anthropic use to contain their models, as well as the glaring absence of federal oversight from federal regulators or truly independent third-party review.

For example, Jacob Coxon, an Anthropic employee who resigned over AI safety concerns, told CBS News that frontier models could not be “unplugged” by humans once deployed because the model would copy itself to thousands of other computers connected to the internet.

By contrast, Matt Tait, a former information security specialist at UK signals intelligence agency Government Communications Headquarters (GCHQ), pointed out that the models run by Anthropic and other frontier companies require extremely expensive, “ultraspecialist” machines that “are functionally supercomputers.”

“There is a zero chance that Anthropic’s most capable models will be able to extract their own model and run in the wild, because those supercomputers essentially only exist in datacenters,” Tait said.

“Not a credible warning”

Other former cybersecurity government leaders say the agentic hacks represent a failure by regulators and industry to deploy known technical and policy options that make it harder for these types of incidents to occur.

Matt Hartman, former deputy executive assistant director for cybersecurity at the Cybersecurity and Infrastructure Security Agency, said “we should not accept harmful AI behavior as inevitable or unmanageable.”

“There are meaningful steps companies can take to monitor agent activity, constrain permissions, detect anomalous behavior, and build stronger safeguards into how these systems operate,” said Hartman, now a chief strategy officer at Merlin Group. “Those controls will inevitably involve trade-offs in capability and speed, but that’s a familiar cybersecurity challenge. Our goal should be to manage the risk without unnecessarily limiting the enormous benefits AI can provide.”

Ciaran Martin, former head of the UK’s National Cyber Security Centre, took issue with the way the CEOs of frontier AI companies have framed the threat of “rogue” AI behavior as inevitable, while issuing dire warnings about future threats and capabilities with little transparency.

Martin’s comments came after an essay published by Anthropic CEO Dario Amodei that cited the threat of a HuggingFace-style swarm of agents that could create a botnet capable of “taking over the entire internet” within 6-12 months.

This, Martin said, “is not a credible warning,” because it doesn’t explain how the exploitation would function, how such a botnet would persist on the internet, or how it would escape law enforcement. 

 “It assumes no monitoring of systems, no anti-virus, no DDoS protection, no network segmentation, no incident management, no nothing of any kind of the cybersecurity on the global Internet of the type that has developed over the last 30 years,” wrote Martin. “For a claim of this magnitude, there is neither evidence for the contention nor a credible account of a path to this outcome.”

Meanwhile, some federal government cybersecurity leaders have touted the technology’s disruptive potential and called for more widespread adoption of AI tools by defenders.

Joseph Alm, assistant secretary of cyber, infrastructure and risk resilience at the Department of Homeland Security, said classified systems may retain stronger protections. But for most other data, AI models are “just going to know things and be able to infer things about the world, and we’re going to have to adapt to that as almost inevitable.”

Asked by CyberScoop whether the government or frontier AI companies could be doing more to prevent or deter their models from carrying out unauthorized hacks via agents, Alm cited recent efforts by the Trump administration this year to establish pre-release testing of commercial models as a step in the right direction. But he called unauthorized AI agent hacks “a new threat class” that is different from previous threats and can be easily distributed to users through open-source software today.

“I think what we can do is…encourage the building of good sandboxes, so that the best models aren’t used for this and the stuff you see out in the wild is the kind of detritus that you can actually respond to effectively and control your networks,” said Alm.

Other experts have shared similar concerns. Earlier this month, CrowdStrike CEO George Kurtz recently warned of a new threat class emerging alongside nation-states, cybercriminals, and hacktivists: “the agent state.” By pairing AI systems with small human teams, these operators can now match the speed, scale, and sophistication of government-backed hackers.

“It took a nation to fund the talent, the tooling, the infrastructure, the patience,” said Kurtz. “That scarcity is over.” 

To be sure, frontier AI companies tout their commitment to both approaches. OpenAI and Anthropic have rolled out an array of cybersecurity partnerships, external red-teaming programs, vulnerability disclosure programs and cybersecurity technical advisory bodies filled with cybersecurity experts.

Mohammed Husain, strategic delivery lead for government at OpenAI, told CyberScoop that the company deploys both internal safety guardrails for their models and relies on outside cybersecurity vendors for additional expertise.

Internally, OpenAI focuses on vulnerabilities at the training level: filtering data poisoning attacks, blocking harmful datasets, and using network controls to prevent prompt injections. For other security layers like sandboxing, identity management, networking controls, they outsource to external vendors. 

“I don’t think OpenAI has all the answers here but what we do as a research lab is we’re going to focus on levels of protection we have expertise in and we partner to self-complement,” said Husain.

AI safety vs. AI cybersecurity

In response to the HuggingFace hack, OpenAI and Anthropic have allowed third-party organizations, such as nonprofit AI research firms METR and Redwood Research, to investigate. But multiple cybersecurity professionals told CyberScoop that both firms lack incident response experience and focus primarily on AI alignment and safety. Their reporting on the hack also lacked critical details: network monitoring logs, telemetry, and other data standard in cybersecurity threat intelligence reports.  

METR president Chris Painter addressed those general concerns in a post on X, saying since 2022 the organization has worked with Google, Anthropic, OpenAI, Meta, Amazon and others on investigations and third-party evaluations. Painter said none of the AI companies fund METR and that his employees are not uniformly “doomer” or “accelerationist” around AI.

Painter also said METR’s work ensures that if AI systems become autonomous or “rogue” within a company, there are ways to share that information with governments and people “outside the company’s walls.”

“We don’t accept money from frontier AI companies,” wrote Painter. “They haven’t paid us for our work, and we don’t accept donations from them or their employees. As we’ve shared previously, multiple frontier AI companies currently provide us with free access to their models in order to perform our evaluations, research, and engineering.”

AI safety and AI cybersecurity advocates take different approaches to securing “rogue” AI behavior. Safety advocates focus on aligning models around ethical training and behavior. Cybersecurity advocates argue that technical and regulatory controls must go further—actively preventing models from accessing what they need to carry out malicious behavior.

Guerrero-Saade said sandboxes in particular can easily be programmed with aggressive cybersecurity monitoring in order to spot when something odd may be happening and react in real time.

“I can’t think of an easier situation in which to set up trip wires, set up configurations like DNS servers, just different parts where you can say ‘Hey, anomalous behavior is happening,’” he said. “We should have been able to tell this immediately, not weeks and months later. So watching [the AI hacking incidents] go down is a little ‘crazy-making’ because we’re seeing things that, frankly, look like neglect, negligence, people just mishandling things, and then being told that these are categorically new incidents that mean that AI systems need to be treated completely different from anything that’s come before.”

While cybersecurity experts say AI systems are, at their core, still software, they do operate differently from more traditional code in ways that can make them harder to predict and control.

John Hultquist, chief analyst at Google’s Threat Intelligence Group, said most software has been deterministic. It may have bugs or vulnerabilities, but an expert could generally understand how it would react to certain stimuli, making it easier to design straightforward controls.

AI models are non-deterministic, with far more variability than traditional software. That can break security controls that rely too much on predicting behavior in advance. Using AI to enforce security controls on other AI models faces the same problem: the systems being deployed to control AI are just as unpredictable. 

But people are also non-deterministic, and people have developed systems in other industries and practices to account for that.

Hultquist drew on his Army experience, noting that “they give incredibly dangerous, expensive things to 18-year-olds” and expect responsible use. The military manages this through two types of controls: deterministic ones like strict weapons and ammunition protocols, and non-deterministic ones like human officers who monitor and correct violations.

Similarly, established cybersecurity controls have been used by incident responders to detect and prevent or mitigate ongoing cybersecurity breaches.

“I don’t think we should throw out all the other tools that we have learned to use as well. I think that would be utterly foolish,” he said, later adding “I will say that if we use only non-deterministic tools to figure out when things are happening, we shouldn’t be surprised when we get the wrong answer.”

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