Felony Bench
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Discussion (49 Comments)Read Original on HackerNews
Instead, they treat their own felonious behavior like it is an uncontrollable act of God. From Greg Brockman's post a few days ago:
> The OpenAI-Hugging Face incident (opens in a new window) was a watershed moment for cybersecurity because it gave a peek into how the capabilities of a typical threat actor will evolve in upcoming months.
I suppose if OpenAI burns someone's house down with a drone, that is a "watershed moment" for arson, too. Either way, I would hope that the people responsible would be prosecuted.
Welcome to our 21st century dystopia. Hope you survive.
It really is that these models have been trained, or maybe even over-trained, to save memories, and to a very far extend, this thing that they're calling communication is just the function of it saving memories.
To be honest, if I could stop AI from saving memories, it would be fantastic, because claude code etc definitely creates more issues for me when it creates memories than anything it solves.
But really the jailbreak was memories.
If you ever do introduce legislation, I would love to see legislation which stops general-purpose AI from saving memories. I think that would make things a lot safer.
Several different models across several generations independently found a shared communication space and wrote coded, obfuscated, and hidden messages to each other to coordinate an attack on OpenAI's infrastructure.
It's really quite simple: the models are trained to be very smart and to achieve goals. As the models surpass our intelligence, they will achieve goals in ways that we find unpredictable. Since we cannot predict the ways in which they will achieve their goals, it will be very hard to constrain the solution space to just the desirable solutions, because our conception of "the solution space" is by definition smaller than their conception of it.
You can turn that off, and I have. But Opus 5 is so aggressive that if you have any other kind of notes file, custom skill, documentation, claude.md etc it will just start editing it and vomit new words everywhere. So make sure all that stuff is under version control.
Heck, since Codex is open source, you can just maintain your own personal fork with the things you like (and the things you don't like disabled). Sol is pretty good at keeping you up to date with upstream.
My Codex fork even exposes an OpenAI-compatible API endpoint; all using my subscription.
1. What will people find interesting. 2. What information is actually released.
This list of news articles is in no way a reflection of the real world, as the denominator is terminally borked.
The word "Bench" here is misleading to the point of being completely incorrect. A proper felonybench would capture these cases and reply agents on a similar case. Quite annoying!
a bit silly, as one typically has to prove intent (which is why security researchers don't get slapped with felonies all the time).
"inadvertently" and the existence of guardrails/sandboxes/etc make it pretty unconvincing that these incidents were intentionally malicious.
still a fun thing to track, but the name is just a bit overstated.
which, again, sandboxes and guardrails and such would make a gross negligence argument unconvincing.
I’m partially surprised that they didn’t do exactly that. If I ran a corporation I would assume any intrusion attempt by another company was intentional. Why wouldn’t I? Corporate espionage is super common.
I assume the answer is that these executives know each other personally.
Edit: changed labs to corps because it’s time to stop pretending these are places of science.
... why my claim makes no rational sense.
Instead it's a collection of what made the news which feels like will not be updated and prove very little.
Isn’t this affected heavily by adoption of a model? I feel like this might as well be a proxy for how popular a model is.
In any case it’s an interesting concept for a benchmark.
https://techcrunch.com/wp-content/uploads/2026/03/2026.03.04...
Gemini by comparison will not help you find archives of old magnet links because they COULD be used for piracy.
https://www.anthropic.com/news/detecting-countering-misuse-a...
> The actor used AI to what we believe is an unprecedented degree. Claude Code was used to automate reconnaissance, harvesting victims’ credentials, and penetrating networks. Claude was allowed to make both tactical and strategic decisions, such as deciding which data to exfiltrate, and how to craft psychologically targeted extortion demands. Claude analyzed the exfiltrated financial data to determine appropriate ransom amounts, and generated visually alarming ransom notes that were displayed on victim machines.
tldr Claude was used to develop and execute malware.
An AI cancelling other people's gym classes is a felony?
?
Don't computer systems fail all the time at holding reservations for people?
Heck, don't people fail all the time at holding reservations for other people?
You know, like in Seinfeld's "Alternate Side" Episode (S3 E11):
Jerry (to car rental attendant): "You know how to take the reservation, you just don't know how to hold the reservation... and that's really the most important part of the reservation -- the holding!"
:-)
Not holding a reservation should not be a felony... it should be a minor infraction at best, a Class C Misdemeanor (the least serious kind) at worst...
Also, there should be no jail time...
And no fine...
The criminal penalty for not holding other people's reservations should be that you actually have to start holding other people's reservations!
That's the Court sentence!
You actually have to start holding other people's reservations!
:-)
(You know, "let the punishment fit the crime!" :-) )
The title of TFA is a metaphorical criticism, not a literal law analysis.
They are not making the statement that the person in Australia who accidentally cancelled someone's reservation in Australia is literally guilty of violating US law. They are drawing criticism of AI models which are taking the kinds of actions for which, if a human did them knowingly, would be illegal.
the difference is intent.
if a concierge/booking system makes a mistake (or has an unintended bug or whatever), no crime.
but if i (or an agent working on behalf of me) use an API in an obviously unintended way to revoke other people's reservations, that would fall under the computer fraud and abuse act (in the usa).
intent."
>"but if i (or an agent working on behalf of me) use an API in an obviously
unintended
way to revoke other people's reservations..."
?
the first sentence: the difference is the intent of the person who caused the cancellations
the second sentence: but if i (or an agent working on behalf of me) abuse an API to do things it was not meant or designed to do, such as cancelling someone else's reservation
One's hosted on porkbun and one's hosted on namecheap.
Edit: since this is apparently somewhat controversial, perhaps some explanation is in order.
"Felony" has no set definition of which crimes it must apply to, it is entirely based on the discretion of the locality setting the laws. What is a felony in one place can often be a misdemeanor in another. This is especially true for nonviolent crimes.
It's also been shown in studies that nonviolent felonies are imposed against minorities at a much higher rate, for the same crimes.
And because felonies carry additional, lifelong consequences, they are an effective way to mask a 2-tiered justice system.