Opinion: AI agents pose cybersecurity and liability risks, experts warn
In an opinion piece for Search, Baker McKenzie’s Brian Hengesbaugh argues that AI agents—autonomous systems with privileged access to APIs, databases, and systems—create new cybersecurity and legal risks for companies. He frames agents as ‘privileged users’ requiring controls like inventory tracking, access restrictions, and automated monitoring to prevent misuse. Unlike human employees, agents…
Key points
- AI agents with API/database access need security controls like inventory, access logs, and automated containment, per Baker McKenzie’s analysis
- Companies can monitor agents without privacy legal hurdles but face full liability for incidents, including regulatory penalties and lawsuits
- Regulation could shield firms if they prove compliance with AI security standards, though no definitive safeguards exist yet
Hengesbaugh warns of two escalating threats: first, agents could be exploited for rapid privilege escalation or lateral movement in attacks, outpacing human intervention; second, a compromised agent might pivot to attack third parties via AI-enabled supply chains. He suggests AI regulation could offer liability protections if companies comply with emerging standards, but notes no clear solutions exist yet. The piece compares agent risks to drone warfare, emphasizing speed and automation as critical vulnerabilities.
Thought for the week: AI agents raise new cybersecurity and liability questions
iapp.org · 5 October 2026
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