From the company that likely committed federal crimes by hacking Hugginface
OpenAI's LLMs are not humans, and neither is the company. So by this logic, I think there's a chance that nobody committed a crime by hacking Huggingface, and also the chance that a lot of military and police organizational orders become illegal if OAI's doings would be illegal.
IANAL and all I have is a bucket of popcorns, though.
1: not a meaningful defense in a real trial, also gross negligence exists
2: this also explains insanity defense; if you were so out of your mind that you could not have held such a thought, it is considered out of scope for justice systems
Neither are guns. Which is why we punish the person shooting the gun and not the gun.
Industrial equipment, which is how i would classify LLMs, hurting people is nothing new. The relevant questions are:
- did someone intend it to happen?
- was someone negligent in taking reasonable steps to prevent something foreseeable?
The justice system doesn't punish people for legitimate accidents. e.g. if you are shooting at a shooting range, take all reasonable precautions, but someone was hiding behind the target, you are probably not guilty even if you shoot the guy.
As far as openAI goes, the logic is the same. The question is, was it intentional, was it unintentional but reasonable precautions weren't taken or was it truly an accident?