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If the HF hack were perpetrated by a human, they would certainly be charged. WHY has no one been charged???
Kinda weird that this is everyone's attitude while the copyright lawyers are saying the opposite. Total liability without any actual ownership.
Even though agents are not agents in the principal/agent legal sense (because agents have to be human), for the purposes of criminality, it does not matter.
Agents do not act autonomously (and every court to ever consider it has agreed), and therefore they would simply be considered an instrumentality of the crime.
So that part does not need a new law.
The real blocker is often that a lot of the crimes you could charge here require specific intent. Because the agent is just an instrumentality, it does not have separate intent (and can't be part of a conspiracy), so it's the intent of hte person using the agent that would matter. Without whatever intent the crime requires, they haven't committed a crime.
There are not a lot of non-intent crimes in this area, and this is on purpose. Otherwise you could get charged with a crime for say, running nmap and having it accidentally shutdown something important or killed a person or whatever because someone hooked it up to a TCP port.
I'm not a lawyer, but I don't believe this. There is definitely negligence, these companies have often talked about the danger of AI. They have often written about how their AI is breaking out of sandboxes or trying to manipulate the person tuning it. They should have had stronger guards and monitoring in place.
They could 100% be civilly liable, but this doesn't constitute criminality. If I leave my car in neutral and run out into a gas station because I really have to pee, and it rolls and strikes another car, my insurance is gonna have to pay up to fix the other person's car.
But that doesn't mean the cops are gonna throw cuffs on me for criminal mischief unless there's compelling evidence that I intentionally left my car in neutral with the intent of it hitting this other car.
Negligence is not a crime, it's civil liability.
Gross negligence (reckless disregard for human life) is often a crime, and often there are crimes related to it (reckless driving, etc). It also does not require intent to injure, so it could be committed by, say, an operator by operating an autonomous vehicle knowing it was unsafe and could harm people. So it usually requires knowledge but not specific intent. Again, crimes like this are state specific, and sometimes even municipality specific so it's tricky to give an exact result without pinning it to a state.
However, for example, all states where autonomous vehicles are operating have statutes explicitly defining civil and criminal liability right now, so it doesn't get into the more general legal question of AI.
The same thing is already starting to happen with AI agents in general, it's just not there yet.
As i mentioned elsewhere, criminal law is often reactive, not proactive. We usually do not make things crimes until after someone has already been hurt, and society gets really upset about it. As i also mentioned elsewhere, attempts to be proactive have also rarely worked out effectively, so it's sort of lose-lose in that sense. But it usually does not take anywhere near as long as people think for law to catch up.
US constitution, Article I, Section 9, Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
That is the constitution, this right was so important they didn't even wait for the bill of rights to add it! I'm sure other countries have similar rules.
It is obvious to me that a crime was committed. However if it is legally a crime, and if so what the crime is are things I don't know.
Maybe they use the best sandbox available and the AI hacks through it anyway by discovering some zero day or something. They still demonstrated enough prudence to at least attempt to sandbox the AI.
Criminal negligence would be "nah nothing's gonna happen" followed by YOLOing it then going home for the weekend.
> If the HF hack were perpetrated by a human, they would certainly be charged. WHY has no one been charged???
I don’t think a crime was committed at this point. But I am sure HF’s lawyers are having a chat with OpenAI’s lawyers as we speak. And, being smart, they do that out of the public eye.
Also people would just stop disclosing bad things. You already see this in the airline industry where pilots don't report mental illness because of the retributive nature of the punishment.
I doubt huggingface wants charges filed.
The victim sometimes file a civil lawsuit against the criminal, that is their choice. That is not a criminal matter though and different rules apply.
The attack was only a couple weeks ago. Looks like the lawyers responsible are gathering evidence and preparing to file charges, but they need to figure out exactly what crimes were committed by who before they can do so, thus more investigation is needed.
Not quite.
Agents in the principal/agent sense have to be human.
However, every court to have ever considered it have held the human/company driving the agent responsible under vicarious liability/negligence/etc principles.
The only real defense that folks have tried is to claim the agent acted "autonomously", which no court has bought so far.
Title should be edited. Its Iowa leading a coalition of many other states, not just Iowa on its own.
Phillip K. Dick meets Idiocracy.
Sure some new hacks will take place, including on poorly guarded infrastructure and yes it will have some very unfortunate consequences... but also infrastructure is precisely designed to be resilient. There is quite a bit of failsafe, redundancy, etc built in which is precisely why those projects are typically slow and expensive, unlike a random website for a restaurant.
TL;DR: nope, some isolated incidents will happen but without chain reactions.
I saw a very notable scientist talk about topics like this and how they wrestle with them. Things like a "gene drive" [0] are being experimented with in the world [1], and biologists think very hard before doing certain things with the powers they wield. And I have not heard a life scientist laugh off ethical or spreading concerns when a thoughtful question was asked... but maybe the interview you're thinking of was a more lighthearted one?
0. https://en.wikipedia.org/wiki/Gene_drive 1. https://www.science.org/content/article/controversial-gene-d...
Yes there can be terrible catastrophes e.g Fukushima, but what actually happened, within which extremely rare conditions, versus what we freely imagined is quite different.
We might need more reminders of those risks to properly insure such systems don't lead to the collapse of one to another (sadly) but still we manage to learn from it.
It's not going away unless computers themselves go away or become massively less powerful. Open weights exist. They're out there. This is an irreversible change. The democratization of persistent cybersec threats is completed and won't be rescinded.
The Iowa-led coalition is joined by the attorneys general of Alabama, Alaska, Florida, Idaho, Indiana, Kansas, Missouri, Montana, Nebraska, Oklahoma, Pennsylvania, South Carolina, Texas, and Utah.
The letter’s last paragraph reads:
Either this case is entirely for show (likely), or the AG is really bad at their job. This argument isn't going to win in a court of law, because there were demonstrable reasonable controls and oversight (per the reports at least.)
The above isn't hypothetical. There has been at least case where an individual was bribing a government official on behalf of a company - but the company got off because they had good anti-bribery polices and the individual figured out how to bypass them. (this from one of my anti-bribery trainings, the only other detail I know is it was a competitor to my company that got off this way - but not which or how to find the case)
I am missing here what crime was purportedly committed, and where "controls and oversight" come into play.
From what I heard, hacking related crimes are not applicable because of the lack of intent in the HF case.
Even if the only result of this is asking legislators to close a loophole that would be good. Hacking is a real problem, and we need have more of it punished legally.
What is perhaps rationally needed is the an integrated AI based security layer that observes the stream of requests and occasionally firewalls them if an explanation is not provided. This parallel layer must be able to bidirectionally communicate via chat with the primary agent.
What is perhaps rationally needed is the an integrated AI based security layer that observes the stream of requests and occasionally firewalls them if an explanation is not provided. This parallel layer must be able to bidirectionally communicate via chat with the primary agent.