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Discussion (94 Comments)Read Original on HackerNews

hallway_monitorabout 2 hours ago
SOLUTION: Make a law that someone is responsible for a bot's actions. Either the bot is signed cryptography with someone accepting responsibility, or responsibility falls to the CEO. Charge Altman with hacking hugging face. Throw him in jail where he belongs. That will realign safety incentives.

If the HF hack were perpetrated by a human, they would certainly be charged. WHY has no one been charged???

_verandaguyabout 2 hours ago
I think this is a logical extension of the workplace rule of "you own what your bot writes;" it's hypocritical not to hold corporations to the same standards as individuals (I say, with terminal naiveness)
matheusmoreiraabout 2 hours ago
> you own what your bot writes

Kinda weird that this is everyone's attitude while the copyright lawyers are saying the opposite. Total liability without any actual ownership.

romanowsabout 1 hour ago
"own" in the sense of "be responsible for the consequences". Not in the sense of "be able to grant reproduction rights".
daveguyabout 1 hour ago
GP's phrasing was not precise, but I think most people understood it was liability ownership and not copyright. Ownership with respect to copyright and ownership with respect to legal liability are two completely different concepts.
inigyouabout 1 hour ago
That's hypocritical if you believe fairness is intended, but if you believe protecting rich people and hurting poor people is intended then the contradiction is entirely consistent with that.
DannyBeeabout 2 hours ago
Lawyer here: This part does not require a new law.

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.

segmondyabout 1 hour ago
"Without whatever intent the crime requires, they haven't committed a crime."

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.

techjamieabout 1 hour ago
> I'm not a lawyer, but I don't believe this. There is definitely negligence

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.

DannyBeeabout 1 hour ago
I'm not sure why you don't believe it? It's literally true? I guess if you want to believe it, go study law? I'm not really sure what to say there.

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.

bluGillabout 1 hour ago
The problem is the law is about details. If an accidental loophole says this isn't a crime it isn't a crime even if it obviously is an accidental loophole.

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.

matheusmoreiraabout 1 hour ago
Shouldn't the very act of sandboxing the AI be enough of a defense against criminal negligence?

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.

credit_guyabout 1 hour ago
I don’t think you need an additional law for that, I think the current laws cover this already.

> 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.

jstanleyabout 2 hours ago
Because nobody did it on purpose?
ArcHoundabout 2 hours ago
Someone should still be accountable, the same way you're responsible and accountable for what your dog or car does.
solenoid0937about 2 hours ago
If we are going to start punishing companies for security negligence, there are WAY worse cases than these models breaking out that have nothing to do with AI. This is bikeshedding at its best.

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.

bix6about 2 hours ago
Nobody stole from humanity, constantly told us how dangerous the invention was, and then set up systems that they couldn’t properly control to rush ahead of their competitors? Nobody did that on purpose? I think they did.
AbsurdCensorabout 1 hour ago
You could say that same exact thing for the entire Industrial Revolution, but that doesn't mean we are going to destroy the looms even though some tried unsuccessfully.
sscaryterryabout 2 hours ago
Ignorance is not a defence in law.
xgulfieabout 1 hour ago
It is, sometimes. Trespassing for example. A lot of laws say "willingly" or "with the intent to"
trillicabout 2 hours ago
Correct, no mens rea, unless we're talking the internal reasoning trace of the model.
bluGillabout 1 hour ago
Mens Rea is not required (at least not always). Mens Rea makes a big difference in sentencing. (first degree murder: you planed the murder, homicide you had not intent of murder but things got out of hand in the moment):
skinfaxiabout 2 hours ago
If I let my dog off leash and it bites you and causes grave injury, no harm done then?
sebzim4500about 2 hours ago
In this case though no damages were done. It's more like you let your dog off the leash and it scared me a bit.
exe34about 2 hours ago
A lot of laws are involved in punishing negligence. "I didn't dump the dangerous chemicals in the river on purpose" isn't usually accepted as a defence when you choose to use the wrong truck and skipped safety protocols to save cost or rush to market for profit.
ModernMechabout 2 hours ago
That's why its so concerning.
colechristensenabout 2 hours ago
>WHY has no one been charged???

I doubt huggingface wants charges filed.

bluGillabout 2 hours ago
A crime was committed, if there is enough evidence then the state is required to prosecute and the victim has not choice in this. The victim can say they don't care and that will often hold weight for the prosecution, but that is the government's choice not the victims.

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.

colechristensenabout 1 hour ago
The "victim" doesn't have the final choice but their position is heavily influential and prosecutors don't decide if a crime was committed, that only happens at the end of the judicial proceedings. Calm down.
__MatrixMan__about 2 hours ago
They would be criminal charges. It doesn't matter what huggingface wants.
TZubiriabout 2 hours ago
No law needed, that's the way it already is.
DannyBeeabout 2 hours ago
Lawyer here.

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.

ricardobayesabout 2 hours ago
Who bears the responsibility in a hypotethical scenario when a self-driving rideshare vehicle, without a human driver, god-forbid, hits a pedestrian?
dominotwabout 2 hours ago
then usa will become like europe that cant innovate out of regulations bag. saftety is meaningless if you have no food eat.
ArcHoundabout 1 hour ago
AFAIK EU has food to eat and it conforms to some good health standards.
dominotw41 minutes ago
colonization wealth will run out of it soon ( hopefully)
nautilus12about 2 hours ago
Can they try to prove that he directed someone to direct the agent to do that?
rgklaabout 1 hour ago
Not only that: If Weev had given the exact same prompt to the exact same model as OpenAI they would have locked him up. No doubt about that.
datakanabout 2 hours ago
"Attorney General Brenna Bird announced today she is leading a coalition of 15 states demanding transparency and accountability from the AI company OpenAI, led by Sam Altman, for its complete lack of oversight and transparency in the hacking of Hugging Face, another AI company."

Title should be edited. Its Iowa leading a coalition of many other states, not just Iowa on its own.

jwallyabout 2 hours ago
Prediction: AI ends humanity not via some super cool/scary/robopocalypse - but as a marketing stunt gone wrong when a Frontier LLM accidentally knocks out water/electric/gas by hacking in and trying to patch them.

Phillip K. Dick meets Idiocracy.

bluGillabout 1 hour ago
That won't end humanity. My propane generator from 1980 still works and I have plenty of fuel in a tank. This is enough to cold start generation of the grid. (the power company won't need my generator - they have their own plans to cold start, but worst case they can fall back to mine). While a hacker unstopped could do a lot of damage, most of the parts will still be functional and we have more than enough engineers to figure out how to bypass the areas they can take out. It might mean a few years of power rationing while the parts AI can break are repaired, but we can restart.
utopiahabout 1 hour ago
I remember (sorry can't give a proper quote) a biologist interviews about the fear of lab grown "super" seeds escaping the lab. They chuckled basically saying that nature is a very VERY challenging place. There are plenty of ecological niches but they are well guarded by incumbents.

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.

karmelappleabout 1 hour ago
Biologists take ethics much more seriously than any computer engineer or computer scientist that I've seen.

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...

utopiahabout 1 hour ago
My point isn't so much about the work ethics of one or another but rather than systems, even interconnected ones, are rarely as genuinely interdependent as science fiction drama lead us to believe.

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.

bix6about 2 hours ago
OpenAI and Anthropic vs Brawndo Corporation. The final showdown.
jazzyjacksonabout 2 hours ago
Robots should be regarded as extensions of their operator wrt liability. It is illegal to access a computer outside of authorized use already, someone lets a bot make its own plan without watching, hold them accountable
skinfaxiabout 2 hours ago
If Waymo can be liable for their cars, why isn't OpenAI liable for its AI?
skybrianabout 1 hour ago
Who says they aren’t? But it’s unclear how much damage they did and the attacked companies haven’t sued, yet.
mrbluecoatabout 2 hours ago
Glad the statement was published but sadly nothing will come of it other than a brief formal statement from OpenAI acknowledging safety protocols were lacking, apologizing for the incident, and promises that new safeguards are now in place that will prevent such event from occurring in the future. The threat of semi-autonomous AI threat actors will never go away until the financial incentive that buoys unchecked growth at all costs goes away.
ux266478about 1 hour ago
> The threat of semi-autonomous AI threat actors will never go away until the financial incentive that buoys unchecked growth at all costs goes away.

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.

bluGillabout 1 hour ago
Somebody is supplying power to those AIs. That somebody can be charged for not taking care of their AIs (that is not pulling the plug). Sure this then turns into international crimes, but not allowing crimes to be committed on your side of the border is a big help even if we can't get everything.
bluGillabout 1 hour ago
Set yourself an alarm for 5 years from now to review. Investigations take time. Often by the time charges are made everybody has forgotten about the incident. It only takes a few times where things go away without charges to leave an incorrect impression that nothing ever happens.
sam_lowry_about 2 hours ago
Iowa asks? Why don't they just open a criminal investigation related to the hacking of HuggingFace?
cestithabout 2 hours ago
It’s actually Iowa leading a coalition of 15 other states making demands. It’s not a prosecution yet, but they demand the preservation of evidence. They’ve promised to protect whistleblowers. They are saying there may be criminal or civil liability involved. They gave them a cease and desist on similar testing until they can show they can do it safely.

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:

    OpenAI has an obligation to act responsibly and to follow State and
    federal laws that protect Americans’ safety and security. When OpenAI takes
   actions that imperil the welfare of our citizens, State Attorneys General will
    step in to protect them. We intend to take all steps necessary to protect our
    States and all Americans from the unprecedented risks posed by OpenAI’s
    irresponsible products and conduct.
bluGillabout 1 hour ago
They are opening that. This is the first step: figure out what crimes were committed by who. As I said a couple weeks ago when this broke, it looks like a crime was committed and I hope someone is charged. However we can't just charge everybody who works for openAI with the crime of speeding (even though it is probably true) - that is both the wrong crime, and also is highly unlikely everybody at openAI was involved.
ux266478about 1 hour ago
Unless HF presses charges (and it doesn't seem like they are), I'm not sure that's even possible.
cautiouscatabout 2 hours ago
I’m not a lawyer. However it probably comes down to jurisdiction.
iAMkenoughabout 2 hours ago
Brenna Bird cares more about publicity than action.
ux266478about 1 hour ago
> In July, OpenAI unleashed an experimental artificial intelligence model that, without reasonable controls or oversight

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.)

bluGillabout 1 hour ago
The job of the AG is to investigate their "demonstrable reasonable controls and oversight" and figure out if they really are reasonable controls and oversight. If they decide the controls and oversight are not enough they can go after the company. Also, even if those controls and oversight exist that doesn't mean there is no crime, it just means the company (and CEO) can get out. An individual at the company can ignore/bypass the controls and hide from oversight; and thus be guilty even while the company gets off.

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)

user43928about 1 hour ago
Go after the company for what?

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.

bluGill40 minutes ago
That is what the AGs are trying to figure out. There are a lot of different laws with slight differences. I will not state every single one is not applicable because I don't know every single one and it only takes one law that is applicable to go after then.

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.

alansaberabout 2 hours ago
We probably want to discourage frontier labs from security testing in prod
skinfaxiabout 2 hours ago
I don't mind if they point it inwards.
ArcHoundabout 1 hour ago
Hope this new title works now! Thanks for pointed inaccuracies.
drsoppabout 2 hours ago
The relevant word here is airgapping, not sandboxing.
OutOfHere39 minutes ago
All such measures make the bot useless. If it can't make HTTP requests or call APIs, it is useless.

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.

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OutOfHere36 minutes ago
Strict sandboxing andor airgapping render an AI bot nearly useless in practice. If it can't freely make HTTP requests, it is not going to get much done for producing innovative outputs.

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.

lorreyfumabout 1 hour ago
Can we please enforce existing laws? Maybe AI and robotics, and get rid of all the lawyers.
bluGillabout 1 hour ago
The job of lawyers is to enforce the existing laws. (well they are a part of the enforcement, there are lots of other parts)