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interesting legal question - does the CFAA cover non-malicious intent by a human who manages a machine that does have malicious intent? the company lacks mens rea here even if the agent doesn't. OpenAI could surely be liable for negligence, but unclear if it'd be a felony for anyone but GPT

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Yeah, it’s only going to get worse. From a pentest perspective you have to stay in scope and be authorized. If huggingface knew nothing at all about this they were attacked by OpenAI. Someone at OpenAI authorized the test. Maybe analogous to code with a mistake? Collateral damage. Don’t know.

there could be laws that make the owner of an AI instance fully criminally responsible for anything the instance does, but I'm not sure if such laws are on the books as of now