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Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

theregister.com

111–120 of 147 posts

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#111
post #20
post #6

Aaron Swartz was facing up to 35 years for wire fraud and hacking for swiping some JSTOR documents, and the DOJ has done nothing against the AI companies and their IP violating antics.

It's not at all relevant to this thread, but no he wasn't. At their worst, prosecutors were threatening to push for 7 years; the guideline sentence for Swartz's offense, were he to take it to trial and lose, would likely have been under the level allowing for straight probation (go to a sentencing calculator and plug the values in); writing after his death, his own lawyer stated that had he gone to trial and lost he…

>would likely have been under the level allowing for straight probation (go to a sentencing calculator and plug the values in)

Depends alot on the values inputted into such a calculator. See [0] for a solid discussion of what his future could have been (search for "That brings up the important question of how much time Swartz was actually facing"). TLDR, it's certainly not the case that only probation was guaranteed or even particularly likely.

[0] https://volokh.com/2013/01/16/the-criminal-charges-against-a...

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#112
post #62

The Register of course take what Kahn says (where he is arguing that no new laws need to be created to regulate AI) and taking extending it to say "breakout the handcuffs". Kahn doesn't even imply that. Instead he's making a well reasoned point about using existing tools (as many in this discussion point out existing laws could be applied to inadequately controlled cyber incidents)

Lina Khan is a woman. Not that it is particularly relevant here, but just letting you know.

Thanks - I didn't realise and it was lazy of me to write like that.

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#113

I'm surprised nobody makes a connection with animal ownership / responsibility. If your dog maims someone else, you are responsible for the dog's actions, unless it was self-defense. On the other hand, if people start arguing that if LLM's are like animals, some will start arguing they're like Godzilla..., or at least a panther, but there's probably laws against keeping arbitrarily dangerous / powerful animals as pet…

While I agree, that isn’t true of all pets. It doesn’t apply to cats for example. I’ve pasted an extract from a UK guide on legal responsibilities of cat ownership below, which to me sounds similar to AI. If the inbuilt behaviour is ‘it’s nature’ then perhaps there is less legal repercussions if the tool does something outside of its known guardrail/guidelines to meet its goal. “Cat owners are generally not responsib…

That's a highly weird law. Someone let the cat outside or feeds/keeps it there thus should accept the way cats are as their responsibility.

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#114
post #100
post #20

Earlier quoted context omitted.

It's not at all relevant to this thread, but no he wasn't. At their worst, prosecutors were threatening to push for 7 years; the guideline sentence for Swartz's offense, were he to take it to trial and lose, would likely have been under the level allowing for straight probation (go to a sentencing calculator and plug the values in); writing after his death, his own lawyer stated that had he gone to trial and lost he…

> People cite these numbers in part because DOJ posts them in their press releases. DOJ is in these instances lying. When we amplify those lies, we're doing their work for them. If DOJ said to him or to the public potential punishment is 35 years, then yes it is fair to say he was facing that. They cant have it both ways - claim that 35 years is possible outcome to pressure the person and then turn around and be like…

Among other problems with this argument you have the fact that DOJ doesn't decide sentences.

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#115

Earlier quoted context omitted.

While I agree, that isn’t true of all pets. It doesn’t apply to cats for example. I’ve pasted an extract from a UK guide on legal responsibilities of cat ownership below, which to me sounds similar to AI. If the inbuilt behaviour is ‘it’s nature’ then perhaps there is less legal repercussions if the tool does something outside of its known guardrail/guidelines to meet its goal. “Cat owners are generally not responsib…

That's a highly weird law. Someone let the cat outside or feeds/keeps it there thus should accept the way cats are as their responsibility.

[deleted]

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#116
post #4

It won’t happen, but if it did the CEOs have no one but themselves to blame. They’re hyping up their products as being able to destroy the human race then are somehow surprised at the level of anti-AI sentiment out there in the world.

It's bizarre that hyping your product as a doomsday machine is good for your stock. If they're right then what will any of these investments be good for?

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#117
post #9
post #6

Aaron Swartz was facing up to 35 years for wire fraud and hacking for swiping some JSTOR documents, and the DOJ has done nothing against the AI companies and their IP violating antics.

>and the DOJ has done nothing against the AI companies and their IP violating antics. For good reason. Courts have so far ruled AI training is fair use, and it doesn't look likely to be overturned by the supreme court. Theres also the matter of some labs pirating books to get training data, which is illegal (they lost in civil court), but it's unclear whether that can be criminally prosecuted.

> For good reason

A reason. Not the same as a good reason.

The fact that you even point out that they committed illegal acts that would normally get prosecuted, and yet didn't, shows that IP enforcement is very loose depending on who did it.

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#118
post #100

Earlier quoted context omitted.

> People cite these numbers in part because DOJ posts them in their press releases. DOJ is in these instances lying. When we amplify those lies, we're doing their work for them. If DOJ said to him or to the public potential punishment is 35 years, then yes it is fair to say he was facing that. They cant have it both ways - claim that 35 years is possible outcome to pressure the person and then turn around and be like…

Among other problems with this argument you have the fact that DOJ doesn't decide sentences.

Overwhelming majory of senteces comes from plea deal. And threat of large punishment of you dont sign is major driver there.

So, we are really getting back to DOJ wants sentences to look super huge so you sign a deal ... but when it is politically inconvenient they suddenly get small.

Re: Ex-FTC boss Khan: break out the handcuffs for AI CEOs, citing 1934 precedent

#119
post #9

Earlier quoted context omitted.

>and the DOJ has done nothing against the AI companies and their IP violating antics. For good reason. Courts have so far ruled AI training is fair use, and it doesn't look likely to be overturned by the supreme court. Theres also the matter of some labs pirating books to get training data, which is illegal (they lost in civil court), but it's unclear whether that can be criminally prosecuted.

> For good reason A reason. Not the same as a good reason. The fact that you even point out that they committed illegal acts that would normally get prosecuted, and yet didn't, shows that IP enforcement is very loose depending on who did it.

>they committed illegal acts that would normally get prosecuted

I specifically differentiated civil law from criminal law in my original comment, and said it's unclear whether their acts were criminal.

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