Exactly this. At worst, OpenAI knew about these behaviors and should be prosecuted under CFAA. At best, OpenAI is negligent and should be prosecuted for negligence.
Luckily there are states and legal departments pursuing such action. So while OpenAI can deflect as much as it wants, that doesn't mean there aren't people who know better and will still do what is necessary to set precedent.
found a great legal article handwringing about how CFAA prosecution is impossible here [1]
> On the current facts, CFAA liability for OpenAI is unlikely.[6] The statute’s various criminal provisions, covering unauthorized access to obtain information, knowing transmission causing intentional damage, and intentional access causing reckless damage, all share the same attribution problem: it was the model, not a human OpenAI employee, that chose Hugging Face and executed the intrusion.
binarymax · · focus · HN ↗
Luckily there are states and legal departments pursuing such action. So while OpenAI can deflect as much as it wants, that doesn't mean there aren't people who know better and will still do what is necessary to set precedent.
zzzeek · · focus · HN ↗
> On the current facts, CFAA liability for OpenAI is unlikely.[6] The statute’s various criminal provisions, covering unauthorized access to obtain information, knowing transmission causing intentional damage, and intentional access causing reckless damage, all share the same attribution problem: it was the model, not a human OpenAI employee, that chose Hugging Face and executed the intrusion.
The lawyers are fully under the spell
[1] <a href="https://law.vanderbilt.edu/when-ai-hacks-back-how-the-openai-hugging-face-incident-exposed-the-cfaa/" rel="nofollow">https://law.vanderbilt.edu/when-ai-hacks-back-how-the-openai...