Comment by cma

> Another factor here is that criminal law in the US relevant to hacking requires intent. You don't want to go to prison for a software malfunction.

Do you think if you went out and purchased a humanoid robot and gave it a whittling knife and hooked it to an OpenAI LLM as the overall planner and set it out on the sidewalk in front of the OpenAI offices to make and sell crafted goods you wouldn't be charged if it killed someone, because you had no intent?

There is such a thing as criminal negligence, and you would be going to jail for a software malfunction, exempting all software malfunctions doesn't seem reasonable, some are worse than others.

Maybe hacking law doesn't have an option for that, but many people are just advocating change the laws when they say they should go to jail. A lot of people don't know you can't change the law to cover past stuff, but even ones that do may say something like that as a shorthand to pushing to change the law, not know the law doesn't already have an option (if it really doesn't), or just say a phrase to express frustration more strongly than saying something weaker.

Even if it is a user prompting the system, if a user asked for "make a fairly stable chlorinated molecule that can last long enough to spread through the atmosphere and induce contagious misfolding prions in people," I think if a hosted model that was near capable of it even started carrying out the first steps of research planning the whole company and its largest limited liability investors should go to jail, in all the senses mentioned above. Amend the constitution to allow ex post facto laws for that kind of stuff if models get close to that level of capability.