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Comment by p-e-w

5 hours ago

> No harm, no foul.

What? That’s not how criminal law works, at all.

Yes, that's actually how it works: https://en.wikipedia.org/wiki/Mens_rea

  • Recklessness is a mens rea and given how often OpenAI and its spokespeople talk about safety and alignment, it's hard to argue they were unaware of the risk.

    https://lawprof.co/definition/recklessness/

    • >it's hard to argue they were unaware of the risk.

      So what does it mean for an owner of a german sheppard, who specifically got it because they want a ferocious dog that can bite intruders, then it turned out it bit the mailman? Should that be considered a crime (assault) in addition to paying the mailman's medical bills? That's not to say there's no circumstance where recklessness might be warranted, eg. if you let loose a bear in an elementary school, but you'd have to argue for more than "they hacked someone" and "they knew about the risks".

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