alt Hacker NewsThat distinction is irreverent, weather I tell my swarm to do x or it decides for itself matters little. what matters are outcomes. Also while most public modern day AI systems don't have agency of their own that is not something that will stay that way for long. in private hands there are plenty of people including myself which are experimenting and developed systems that give autonomy to their agents. They have internalized goals and heuristics that drive their behaviors not a human at the helm. its not some sci fi fantasy nor was it difficult to implement.
No, the distinction matters because we can prosecute people that are abusing these tools breaking the law. Every single state + district in the US have laws equivalent to the CFAA, so any AG can likely sue any of these operators as they are assuredly using services that could be in danger for their constituents.