Another analogy: a zoo is responsible for protecting the public, and should be reponsible if an animal escapes and hurt someone. But a zoo employee wouldn’t have the same kind of responsibility for that incident as if they attacked someone themselves.
If someone died, there’s a difference between manslaughter and murder.
Nowadays, it’s common for bad things to happen due to systemic problems. It sucks but that’s the modern condition. When that happens, the answer is to fix the system and scapegoating employees is a rather indirect way of doing that.
In fact the people pressing the play button are the ones telling us it cannot be controlled, it is a threat to human and national security, and warning us of the impending damages they are about to cause. I'd say we've established motive (profit at the cost of safety).
To abuse your metaphor: if the zoo was genetically modifying animals to give them enhanced abilities to escape and kill, and then putting them into an escape room with a reward for escaping / killing, then they would be liable for doing so if the animal went on to kill. Just the same as a trained fighting dog bite is different than an accidental bite from an otherwise peaceful animal (you turned the dog into this monster, now its your fault).
Millions of people seems, uh, much worse than that. The Ukraine war is estimated at 2 million casualties.
At the very least your dog stands a good chance of being put down.
In cases where the operator is not the manufacturer, the operator can decide if they should in turn sue to manufacturer because they built faulty machinery.
So many other problems. If we apply this law to cruise control - simple outcome. We get no cruise control.
The reason why we have cruise control is that manufacturers went to great lengths to make sure that it works as intended. Threat of lawsuits is what made them do that.
EDIT: to be less snarky, there are obvious exceptions if a manufacturer defect is involved. But I still imagine it turns on things like foreseeability and proximate cause (IANAL). Nevertheless, if you were asleep at the wheel, you're getting held responsible.
For example, say you buy a dog that turns out to be dangerous. The first time it bites somebody, you may not be liable because you didn't know the dog was dangerous. The second time it bits somebody, you may be liable, because now you did know (and didn't take any steps to prevent).
If OpenAI staff runs an ExploitBench knowing the risks, and it hacks into HF, they KNEW the risk going into it and a bad/illegal outcome happened
If a random teacher opens ChatGPT and asks "Hey what's the answer to this practice SAT problem?", and it hacks the CollegeBoard for the answer, said teacher probably wasn't aware that was even an outcome that could plausibly occur. OpenAI would have that foreknowledge, though
It's your random OpenClaw users who have no idea what they are doing, and might be insulated.
I mean, you and me may be held responsible ya. OpenAI Sammy? Never.
And what about the agents showing up from some random IP overseas that have ran off with your bank account? Maybe in a few years they'll trace the proxy hops back to some agents cluster here in the states.
Criminal liability perhaps, not civil liability which has a way lower bar when it comes to conviction...
But in essence, you're right, that new "AI agent paradigm" has to be tried in court and it will, as I doubt the legislator will change existing laws...
> The first time it bites somebody, you may not be liable because you didn't know the dog was dangerous
Is it the case though? If I get a lion or a tiger as a pet (I don't know if it's legal), there is a reasonable assumption that a lion is dangerous for me and others... If I get a rottweiler, there is a reasonable assumption for that sort of breed that it is a dangerous dog if it ever end up killing someone even though it behaved before...
It leads to a society where people are economically encouraged to take risks with other peoples' safety. The initial sin was mens rea, which turns judges and juries into mandatory mind readers. It opens up the possibility of prosecuting people for changing the states of other people's minds. It makes not knowing the risks a mitigating factor, so incentivizes and encourages ignorance. It forces people to guess the internal states of people of vastly different backgrounds and experiences, who will think the best of the people most like them, and the worst of people most like the people they don't like.
I've always been against penalties for drunk driving. The correct alternative is to tell people that if they're drunk and involved in an accident, 1) the trial will ignore the details of the event and concentrate only on the validity of the tests of intoxication, and 2) the crime will be considered to have been premeditated. Ignorance of the law will actually be the only excuse.
edit: instead of posting checkpoints on the road with cops giving everybody sobriety tests, post cops in front of liquor stores whose job is simply to tell people "if you hurt somebody while driving drunk, you will not be entitled to a trial unless there is something wrong with the sobriety test."