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elric • today at 5:47 PM • 5 replies • view on HN

A little over two decades ago, my then girlfriend was arrested for "writing malware" (which was not against the law at the time, and which was never released into the wild and never caused any damage). This set in motion a chain of events that effectively ruined her life.

Fast forward to today, and we have multi billion dollar corporations pumping out malware at breakneck speeds, compromising various systems (including those of foreign governments), and no one is getting arrested. Instead we're gawking at the marvel of these systems and are playing word games about whether or not it's a rogue system. If anything, it's making people richer.

Make it make sense.


Replies

gruez • today at 6:25 PM

>A little over two decades ago, my then girlfriend was arrested for "writing malware" (which was not against the law at the time, and which was never released into the wild and never caused any damage).

Criminal law places a lot of emphasis on intent, hence laws about the mere possession of breaking and entering tools, and the old adage about always bringing along gloves and baseball if you want to carry around a baseball bat. Without more details about your specific case, my guess is that she did indeed write malware or hacking tools, and there were vague signs it wasn't purely academic, hence why they threw the book at her.

That's all in contrast to whatever the AI labs are doing, which might have actually resulted in people getting hacked, but you'd have a hard time arguing that they were intending on that to happen. Maybe if the targets end up being anti-datacenter activists or other AI labs you might have a better case, but they did vaguely try to contain the model. Moreover "hacking tools" aren't even illegal, if you have a plausible non-criminal (ie. security) angle, eg. nmap. The same could be argued for AI models, even if they're running them against exploitgym or whatever. Having an army of lawyers to defend yourself doesn't hurt either.

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fourside • today at 6:11 PM

> no one is getting arrested

Not only have there been no consequences but those same companies are trying to position themselves as the best people to keep these AI systems in check.

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Avicebron • today at 5:53 PM

It's making some people extremely rich. That's how it makes sense. Unless we can effect change through the government we are just along for the ride..

hansvm • today at 5:54 PM

The people getting made richer are the people who already have connections and power. People quip about how capitalism is the worst economic system except for all the others, but its actual property is that it's inevitable without external pressures preventing it from happening -- people who have money (power) are able to use it to claim more money (power). If even a few people choose to exercise that privilege and that privilege isn't curtailed by other mechanisms, the current "wealth inequality" or whatever you want to call it is inevitable. Your girlfriend's crime was writing malware while poor, not writing malware.

tptacek • today at 6:12 PM

Can you say more? Under what law were they arrested? Where was this?

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