Generating blackmail is not illegal, using it to blackmail someone is. Generating libel is not illegal, publishing it publicly is not illegal either although you can be sued over it.
Generating worms and computer viruses is not illegal last I checked, but disseminating them is.
My point is that generating is not illegal but sending is. Your whole point hinges on legality, so the distinction between legal and illegal seems pretty key.
Generating blackmail is not illegal, using it to blackmail someone is. Generating libel is not illegal, publishing it publicly is not illegal either although you can be sued over it.
Generating worms and computer viruses is not illegal last I checked, but disseminating them is.
LLMs have been able to make the leap between generating and sending for years now. I'm not sure what your point is.
My point is that generating is not illegal but sending is. Your whole point hinges on legality, so the distinction between legal and illegal seems pretty key.