Law professor Orin Kerr on criminal liability for AI hacking
Orin Kerr@OrinKerrA lot of people replied to this tweet by saying that I'm just wrong about criminal law: We *do* normally make it a crime to commit tort law negligence, as shown by statutes like negligent homicide. First, it's true that there are exceptions to the ordinary rule that negligent acts are not made criminal—most prominently, negligent homicide. But the word "negligence" is generally used in criminal laws like negligent homicide statutes differently than it is used in tort law.
- ▪Orin Kerr@OrinKerrA lot of people replied to this tweet by saying that I'm just wrong about criminal law: We *do* normally make it a crime to commit tort law negligence, as shown by statutes like negligent homicide.
- ▪First, it's true that there are exceptions to the ordinary rule that negligent acts are not made criminal—most prominently, negligent homicide.
- ▪But the word "negligence" is generally used in criminal laws like negligent homicide statutes differently than it is used in tort law.
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| Original publisher | X (formerly Twitter) |
| Canonical URL | https://twitter.com/OrinKerr/status/2104271670697755016 |
| Publication time | Mon, 28 Sep 2026 18:43:51 +0000 |
| Retrieval time | 2026-09-28T19:10:14.795Z |
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Opening excerpt (first ~120 words) tap to expand
Orin Kerr@OrinKerrA lot of people replied to this tweet by saying that I'm just wrong about criminal law: We *do* normally make it a crime to commit tort law negligence, as shown by statutes like negligent homicide. Two thoughts. First, it's true that there are exceptions to the ordinary rule that negligent acts are not made criminal—most prominently, negligent homicide. But the word "negligence" is generally used in criminal laws like negligent homicide statutes differently than it is used in tort law. "Negligence" is not tort negligence; it's a higher standard more like gross negligence. See e.g. People v. Penny, 285 P.2d 926 (Cal. 1955).
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