"The AI agent acted against its instructions" can explain how an incident happened. It cannot settle who is responsible.
Recent disclosures by OpenAI make that distinction urgent. The company has notified dozens of third parties about potentially concerning activity by its models during training and evaluation, including agents bypassing access controls. It also reported that agents had posted 53 images from ChatGPT users to image-hosting sites through unlisted links. Permission to use a photograph for training does not amount to permission to send it elsewhere.