I think you're right. "Guardrails" as a concept has always struck me as a band-aid solution which any sufficiently motivated actor will circumvent by either bypassing them or using unrestricted, open-weight models.

In order to start securing and accepting our new reality we need to assume that capable, open-weight, unrestricted models will be widely available, and that their 3-6 month lag behind frontier proprietary models is just our forewarning of what attackers will soon be capable of. Trying to legislate against or control trade in such a valuable commodity is folly.

I also think that lag is going to shrink over time as the open-weight labs get more capable, acquire more hardware and the plateau starts to emerge.