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gruez • today at 6:25 PM • 4 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).

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.


Replies

datsci_est_2015 • today at 6:29 PM

“Sorry officer, I didn’t intend to shoot her, I was just firing my gun wildly and she got in the way.”

I don’t know why I’m seeing this rationalization so much in this forum when this topic comes up. Negligence is a concept in law as well. You don’t have to squint to see that irresponsible use of code-generating language models is criminally negligent.

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rkagerer • today at 6:55 PM

> 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

From what I've seen, it should be a relative cakewalk to substantiate basic negligence. By the sound of it, you'd have expert witnesses lining up to testify.

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lukewarm707 • today at 6:29 PM

speaking of language, it's time to stop using the term 'labs'.

these are not research labs, charities or institutes any more, they are just ordinary corporations.

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realusername • today at 6:52 PM

> but you'd have a hard time arguing that they were intending on that to happen.

The first time maybe, after it happened repeatedly though... I think the opposite, you would have a hard time arguing that they were not intending it to happen.

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