I'd have money on OpenAI hiding behind the "all lawful use" phrasing to claim high levels of protection.
He also claimed that they would build rules into the model the DoD would use, preventing misuse. Aka he claims OpenAI will quickly solve alignment and build it right in...I wouldn't hold my breath.
All lawful use. And then they followed up with “intentionally doing illegal things.” If they happen to accidentally do illegal things, OpenAI is ok with it.
Most likely scenario is that if it does something “unlawful” and found out - claim that “These machines are black boxes and they don’t know what went wrong. They will set up an investigative committee and find out.”