Yeah...
Yeah...
https://www.reuters.com/business/ftc-opens-probe-into-ai-gia...
If the politics of the White House / Department of Justice change maybe the criminal cases can begin. But no. We know who is protecting the AI hackers right now.
We know who the head of FBI is, we know who his boss is (the Attorney General), and finally we know who the boss-of-the-boss is (Donald Trump).
We know all of their publicly stated politics and all of them are on the pro-AI / don't pursue criminal cases vs OpenAI boat.
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In the USAa, we have an adversarial system. If the adversary (aka Prosecutor) doesn't want to do the work, then no one is suing anybody. And only the Department of Justice have the ability to bring forth a criminal case of this matter (probably under the jurisdiction of FBI)
I'm saying that it's absolutely silly to assume they're in the clear based on lack of public declarations of legal action in the weeks following a pretty novel event.
We know it's not going to happen because of politics. Even if it did start to happen, Donald Trump and DoJ leaders will stop it.
There's no reason to be unsure of the future when the politics are so set and predictable.
You're talking about one specific dimension of liability which is federal criminal liability. There are several others!
This is of course bad when up against threats that develop at this speed; doesn't require a conspiracy, I think of it as institutional old age, which may be worse as there's nobody to prosecute and a whole bunch of departments who will point at perfectly legitimate precident about why you really do need them.
Or is this just a lazy “gotcha” question?
Just because it's not obvious to you at this point in time does not mean the reasonable assumption is there is literally $0 in damages. One hour of investigation can easily cost thousands of dollars even if it arrives at the conclusion the attack was completely "benign."