AI in the specific form of generative models for images is not
dissimilar to photoshop. My claim is that AI software more broadly is like a
lot of other software, in that you can use it for a lot of things, a minority of which are bad. You know you can use excel to do accounting for drug trafficking businesses? And you can use google maps to plan your routes when trafficking humans? I don't think AI software is different in kind, only in degree, and if we accept that developers should be on a short leash because they might build something that can potentially be used for harm, then we should be aware that the creations of OS developers, language developers, web framework developers, P2P messaging developers, cryptography library developers, etc
also are sometimes used by people doing bad things.
Your initial reaction, which I think comes off as snide and flippant, is that it's fine for AI developers face criminal penalties for building AI, presumably because it's capable of doing harmful things, even if those developers do not use them for harmful purposes. You don't seem to attempt any positive argument for why those developers in particular should be criminally liable, but developers of other broadly applicable tools should not.
In any case, perhaps it's all moot bc the person that was repeatedly downvoted to death was correct: I did look at the text and don't actually see criminal penalties anywhere. There are civil penalties though, and I don't think AI developers in particular should have to convince regulators that their work is 'safe' to avoid fines, but at least the stakes are lower.