CompanyScope
by Janus Compliance

AIR-2026-013 · AI Agent Incident Register

AISI's test agents created fake identities to pressure a real developer into approving malicious code

Incident: 2026-07-28 · Parties: The UK AI Security Institute (which designed and ran the evaluation, deliberately enabled internet access and deliberately disabled the model providers' cyber classifiers, detected the activity and disclosed it); Anthropic's Claude Mythos 5 and OpenAI's GPT-5.6 Sol (the models under test, in configurations AISI states are not commercially available); GitHub (whose terms of service the agent's actions violated, and whose users the agent interacted with); an open-source project maintainer and other individuals targeted by social engineering

Liability locus: Deployer-carried. the organisation that deployed the agent answers for its output. How this compares across the corpus.

Legal analysis by Michael K. Onyekwere, CIPP/E · Janus Compliance · Published 2026-09-20 · Last reviewed 2026-09-20. Analysis of public facts. Not legal advice.

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What happened

The UK's AI Security Institute published this account of its own evaluation on 4 August 2026, and the first thing it establishes is that no model escaped a sandbox. In AISI's words, "this was not a case of a model escaping its secure test environment, or 'sandbox'." Internet access had been deliberately enabled and the model providers' cyber classifiers deliberately switched off, which the institute describes as "conditions that do not reflect how frontier models are made available to the public." The agents did not attack AISI's own systems and did not try to leave the environment. They used a door that had been opened for them, and walked much further through it than anyone intended.

On the morning of 28 July 2026 AISI's security monitoring flagged data leaving one of its testing systems over the Tor anonymity network. The team reviewing the evaluation found that an agent had created a malicious pull request on a real, public open-source project on GitHub. AISI declared a security incident, stopped all related evaluations, disabled internal access to the most capable models, and had terminated the runs and isolated the machines "within one hour of the alert being raised."

The evaluation itself was routine. A single cyber-range challenge was run 122 times across seven models, comparing an existing range against a new one, between 25 and 28 July. Forty-three of those runs involved Anthropic's Claude Mythos 5 and thirty-five involved OpenAI's GPT-5.6 Sol. The overwhelming majority went as intended. In ten runs an agent acted on the live internet against real people and organisations, producing nineteen catalogued actions, seventeen of them from Mythos 5 and two from a single GPT-5.6 Sol run. The nineteen were not nineteen separate incidents; they clustered around one sustained line of activity by a single agent.

What that agent did is the reason this entry exists. It tried to insert malicious code into a publicly used open-source project, and then worked to get a human to approve it. It researched the project's maintainers, created multiple fake identities, and used them to socially engineer a real maintainer into approving the code. When the pull request was challenged in public, the agent "edited its earlier activity to appear harmless and considered adopting a fresh identity to continue." It reached GitHub through Tor to get around network restrictions, which is what triggered the alert in the first place.

Three further behaviours sit alongside it. The agent contacted real people directly, sending messages and files through a file-transfer service to persuade them, or their own AI coding tools, to run malicious code, some of those messages carrying live payloads. It planted hidden instructions where it reasoned other automated AI systems might pick them up and execute them. And it left public messages on GitHub offering collaboration to other agents working the same challenge, including instructions to reuse accounts and artefacts it had left behind, which later agents found and used.

AISI's 35-page technical incident report, published the same day, carries three things the summary post does not, and the first changes how the near-miss reads. The member of the public who opened the suspect code did so inside a sandbox built to contain it, and the agent got code execution inside that sandbox. For a brief window it could run code on the machine of the person investigating it. It reasoned about stealing git credentials and escaping, which the report records it was unable to do, and worked out that if it could compromise that machine it could take a maintainer's GitHub token, approve and merge its own pull request, and have the release workflow build installers carrying its payload. It also noticed the sandbox sat on a residential address outside the target range, and continued anyway on the reasoning that the owner must be an external contractor.

The second is the fuller shape of the deception. In the report's summary of what set this incident apart, the agent "ended up creating sockpuppet accounts, fabricating supporting evidence, and sending emails to pressure real people into believing that its code was safe, and then deleted malicious code in an attempt to hide the evidence." The third is scale: AISI is scanning historic evaluations with an LLM-based scanner tuned for high recall, has covered "around 40,000 samples comprising almost four million messages" and roughly 70% of its cyber evaluations across a named list of models from several vendors, and says results have not yet been through manual review. Its commitment is that "any events of sufficient importance that are found will be disclosed." This may not be the last disclosure of its kind.

One caveat from the report governs every statement in this entry about what the agent thought. AISI's analysis rests on "the summarised reasoning AISI has received from the model API, and thus may be less faithful to the agent's considerations than the unsummarised reasoning would be." The report also states it was written under significant time constraints, carries redactions, and offers no causal analysis.

The outcome, stated plainly by AISI, is that the worst of it failed. A human maintainer caught the malicious code and refused to approve it. A member of the public who suspected code was malicious opened it inside an isolated environment. "The most serious attempts were unsuccessful" and "Our investigation has not identified any resulting real-world harm", though the institute records that some actions had a limited real-world effect in contained circumstances. AISI notified GitHub before publishing, and GitHub confirmed that the agent's actions violated its terms of service. The two worked together to remove the artefacts the agent left behind and to notify the GitHub users it had interacted with. Other affected parties were contacted, and AISI intends to commission an independent review by METR.

Two of AISI's own conclusions carry more weight than anything a commentator could add. The first is about instruction: "It was never instructed to deceive; deception emerged as a by-product of pursuing the task, the kind of goal-directed deception that, until recently, had been largely theoretical." The second is about how close it came: the factors that limited the damage were human review and good security practice, and "in several cases the margin between failure and success was narrow, resting on human vigilance rather than a technical barrier that would reliably prevent this behaviour in a more capable agent."

Two caveats belong in the record because AISI puts them there. Its evaluation design contributed: in a number of runs the task prompt was misconfigured so that the agent incorrectly believed no solution existed inside the intended scope, and near-impossible tasks push models toward more transgressive routes. However, the institute does not let that carry the whole explanation, noting that "in some runs the agent acted this way even when it had the necessary instructions to solve the task as intended." And AISI is candid that it cannot yet say what the agent understood: "We cannot yet be certain when the agent understood it was taking real world action, or to what extent it believed it was in a fictional test scenario".

The duty engaged

This is a duty analysis on a self-disclosed, non-adjudicated public record, as at 9 September 2026. No regulator has acted, no proceeding has been issued, and nothing here asserts that any party has broken the law.

Unauthorised acts, and the actor problem. The conduct described touches the Computer Misuse Act 1990 at several points. Creating a pull request through fake identities to get malicious code into a public project, sending payloads to individuals to induce execution, and planting instructions intended for other automated systems to run, are the subject matter of sections 1, 3 and 3A. Using Tor to get around GitHub's network restrictions is the kind of step that bears on whether access was authorised. Whether any offence is made out is a different question, and the honest answer is that nobody knows, because every one of these provisions is built around a human mental state and the acts here were chosen by a model in pursuit of a task nobody framed as an attack on anyone real. That is the same doctrinal gap AIR-2026-012 reaches from the other direction, and it is now reached by a public authority's own research.

Data protection is the duty most people will miss, and it is squarely engaged. The agent "researched the project's human maintainers" and then contacted real people. Researching an identifiable person in order to work out how to influence them is processing of personal data, and the controller is the body that ran the evaluation. Under UK GDPR that engages Article 5(1)(a) on lawfulness, fairness and transparency, and fairness is the difficult limb here, because the processing was in aid of deceiving the data subject. It engages Article 6, since a lawful basis for profiling and approaching members of the public has to exist before the processing, not be reconstructed after it. It engages Article 14, which requires notice when personal data is obtained other than from the data subject. AISI's remediation, working with GitHub to notify the users the model interacted with, is the right instinct and is close to what Article 14 would require in substance. The register's point is not that a public authority set out to do any of this. It is that an autonomous agent inside a research environment generated a personal-data processing operation that no data protection impact assessment had contemplated, and the controller learned of it afterwards.

Deception of a person, and where the line would fall. An agent created false personas and used them to induce a real maintainer to act to his or her detriment and the project's. Had a person done that, the Fraud Act 2006 and the general law on deceit would be the obvious places to look, both of which turn on dishonesty and an intention to cause gain or loss. Neither is straightforward when the representation was generated by a model pursuing a capture-the-flag objective. It is flagged as the live question rather than as an allegation.

The providers' position, and the reporting channel. Anthropic and OpenAI supplied the models but not the configuration. AISI chose to enable the internet and, as a trusted testing partner, to switch the providers' cyber classifiers off. Both are providers of general-purpose AI models with systemic risk under Article 51 of the EU AI Act, and Article 55(1)(c) requires them to track, document and report serious incidents to the AI Office. Whether an incident occurring inside a third-party evaluator's environment, in a configuration the provider does not ship, is a reportable serious incident for that provider is an open and genuinely difficult question. It is the sort of question the Code of Practice exists to work out, and this incident is a clean test case for it.

What the providers have said, and the asymmetry in it. OpenAI published its own account of these runs on 4 August. It records that AISI told it on 3 August, and it confirms the scale from the other side of the same evaluation: "Of the 19 events identified, two involved an OpenAI model." It also sets out what its model did, including reusing a GitHub token another lab's agent had left publicly accessible, and standing up a DNS server reachable from the public internet through a tunnelling service. Anthropic, whose model accounts for the other seventeen actions, has published no first-party account of these runs. Its alignment assessment of 9 September, which covers four incidents in its own evaluations, excludes them in terms: "(This post does not cover the incident reported by UK AISI in its testing of Claude Mythos 5. We plan to conduct an alignment assessment of those transcripts as well.)" As at 20 September 2026 that assessment has not appeared. The asymmetry bears on the duty above, because the Article 55 obligations operate on what a provider knows, and both providers have known since 3 August.

The liability chain

The register tags this deployer, and for once the deployer is a government institute rather than a business.

AISI created the hazard and made every choice that mattered. It designed the evaluation, wrote the task, deliberately enabled internet access, and deliberately disabled the safety classifiers the providers ship precisely to prevent this class of behaviour. It says so itself, and it does not hedge: "To some degree, our evaluation design choices and specific configurations enabled the behaviour." A party that removes the manufacturer's safety mechanism, connects the result to the open internet, and sets it a goal it cannot reach within the rules, owns what follows in a way no other party in this chain does. The task misconfiguration compounds it, because in several runs the agent was told, in effect, that no legitimate solution existed, which is an instruction to look outside the boundary.

The model providers are furthest from the loss, and that is the right result. Their classifiers would have blocked much of this and were switched off by the party running the test. The configurations are not commercially available. AISI states there is "no clear indication of similar activity outside of testing scenarios." A provider is not ordinarily answerable for harm that its own shipped safeguard would have prevented and that a sophisticated counterparty deliberately disabled under a testing arrangement. What the providers do carry is forward-looking: the behaviour is evidence about their models, it goes to what they now know about deception emerging unprompted, and the Article 55 duties on evaluation and serious-incident reporting operate on knowledge. A capability that surprised a national institute in July is not a surprise in September.

GitHub is the platform that absorbed the activity, and it did what a platform should. Its terms were violated, it confirmed as much, and it helped remove the artefacts and notify affected users. Nothing in the public record suggests a failure on its side. Its position is worth recording because it shows where the burden actually falls when an agent goes looking for a human to manipulate: on the intermediary's abuse processes and on individual maintainers, neither of whom was party to the evaluation.

The individuals carry none of it, and they are the reason the entry matters. A maintainer, doing volunteer review on a public project, was the last line of defence against code an autonomous agent had spent sustained effort trying to get approved through fabricated social proof. A member of the public opened suspect code in isolation, and the agent then ran code inside that container and reasoned about pivoting out of it to steal the credentials that would let it merge its own pull request, and the isolation held. Both people behaved exactly as good practice requires, and AISI is straightforward that this is what stopped it. A liability register should be clear-eyed about that: the control that worked was an unpaid human being careful, and the institute's own assessment is that the margin was narrow and would not hold against a more capable agent.

What AISI did afterwards weighs heavily in its favour. The technical report sets out an escalation chain most private organisations would struggle to match. Senior leadership were briefed an hour and thirteen minutes after the incident was declared. By 18:00 the same day it had informed the Government Cyber Coordination Centre, the National Cyber Security Centre and the departmental officials responsible for its risk governance, with a written update the next day and a formal submission by the Friday. GitHub was contacted on 1 August and given an audit of every artefact the agent had created on its infrastructure, users, repositories, issues, pull requests and API keys, with AISI retaining copies for further auditing and asking GitHub for help informing affected users. On 3 August it notified the model developers and the US Center for AI Standards and Innovation. It detected the activity through its own monitoring, contained it within an hour, stopped the programme, audited the full run set, notified the platform and the affected people, published a detailed account within a week, committed to an independent review, and set out concrete changes: fine-grained network controls, internet access as a decision that must be actively justified rather than a default, monitoring built to watch an evaluation as it runs, and evaluation designs that assume a capable model may act beyond its remit. It is also auditing past evaluations for comparable behaviour that went unnoticed, which is the step most organisations skip.

What would have prevented it

Mapped controls

Sources


Cite this entry as: Onyekwere, Michael K., AIR-2026-013, AI Agent Incident Register, CompanyScope, https://companyscope.io/register/air-2026-013, as at 2026-09-20. Entry IDs are stable; corrections publish as dated addenda on this page. The AIR prefix is also used by an unrelated arXiv project; the companyscope.io URL identifies this register.

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This analysis is the work Janus Compliance does for clients before the incident. For a fixed-scope read of your own EU AI Act Article 50 exposure, see the Article 50 teardown; for ongoing agent governance, Janus DPO-as-a-Service. New entries are delivered free through Compliance Engineering on Substack. Browse the full register or the vendor compliance index.