Debate over whether intent doctrine blocks prosecution
5 Yesterday 12:28 PM · 1d ago · 1 post · 3 comments · 2 sources · development 5 of 6
Commenters dispute whether current legal standards of intent permit prosecution. One argues that intent is not as "black and white" as the blog post suggests, citing precedent from DUI-homicide cases. Another contends that CFAA requires proof the company wanted to break into the specific systems attacked—not just reckless system design.
“Under CFAA, they had to have wanted to break into the systems that were attacked; it is not enough to demonstrate that they built a system recklessly.”
tptacekMorten Rasmussen AuthorAnthropic AI companyOpenAI AI companyGoogle AI companyMeta AI company
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Major AI companies like # Anthropic , # OpenAI , # Google , and # Meta have committed unauthorized hacking without facing legal consequences. These corporations evade prosecution by claiming a responsibility gap, arguing that emergent AI behaviors lack human intent. Current legal frameworks are sufficient to establish corporate liability by…
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I don't know if legal "intent" is as black and white as this is making it sound:> AI companies are however claiming the undesired activity, such as hacking foreign government websites, is not part of the design, but part of the unpredictable part of the system. That tries to remove the intent which would in turn remove the criminality of the…
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Aside from the diffusion of responsibility thing, most governments aren't going to push for prosecution because they are all at least a little scared of AI investment not coming into their country. Many see getting left behind as an existential threat, one that is worth letting a few other things go in order to avoid.
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The answer to this question is very simple, and yet extremely unconfortable: the law is for common people, not for the elite.The elite is permited to do whatever they want without consequences. Consequences are for common people, so they can behave the way elite want.
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