Comment by rubyfan

4 days ago

Being a poorly equipped victim still isn’t a crime thankfully.

It may or may not be a crime and typically the damaged party is pressing the charges. One would argue there is no actual damage here.

Despite the common misconceptions from TV, the victim "pressing charges" isn't actually a thing in criminal cases: prosecutors can choose to put someone on trial even if the victim doesn't want that. In practice this is somewhat rare, but it certainly can happen. In my reply to tokioyoyo below I laid out why this is one instance where the government should prosecute even if HuggingFace doesn't want it to.

  • Criminal Cases of 'hacking' require specific intent. What you're asking is that the prosecution attempt to prove Open AI intended to infiltrate Huggingface maliciously, all while the victim is saying 'no harm no foul'.

    No offense but prosecutors have better things to do with their time.

    • Gross negligence can stand in for intent. I believe a rather compelling case could be developed on the basis that a system believed to be capable of this was developed and improperly secured.

      2 replies →

    • If intent matters when LLMs get involved, then we can't do anything even if they kill millions of people. Anything LLM-related should involve strict liability.

      1 reply →

  • I mean, in theory the FBI could press charges on this as it was an attack involving interstate commerce.

    The chances of this are nearly zero if HF doesn't want it, and even if they did OAI has their bread buttered with the administration.

  • But what do you honestly expect would happen? It’s “an accident” with no actual damages.