Quoting the original bill [0]: > "Critical harm" means the death or serious injury of 100 or more people or at least $1,000,000,000 of damages to rights in property caused or materially enabled by a frontier model, through either: (1) the creation or use of a chemical, biological, radiological, or nuclear weapon; or (2) engaging in conduct that: (A) acts with no meaningful human intervention; and (B) would, if commit…
To be protected they not only have to publish their security protocol, but adhere to it.
That's not just 'providing a PDF'
That particular section is entirely appropriate. A company can't do everything necessary to prevent every bad thing. They should do everything that they reasonably can. Someone else should decide what is reasonable.
The regulators are saying we've decided the what you have to do to be considered to have done all you could to be safe. Follow those rules, tell us how you've followed those rules, and if something bad happens and we find out that you didn't follow the rules you said we're going to nail you to the wall.
This hinges on Section 15. Which I think is inadequate because it does not meet the criteria of someone else deciding what is reasonable. Publishing their safety plans and adhering to them should be enough to grant protection from liability of harm directly to users, since the publication give individuals the ability to make an informed decision, provided they have done the safety work that they have said, a user deciding that is sufficient for them and choosing to use it should be allowable.
That should not extend to harm done to others. They don't get to choose. Consequently the standard required to be protected against claims of negligence has to be decided by a third party (experts hired by regulators ideally).
Blanket liability and blanket indemnity both go too far.
If someone makes a YoYo that blow's someone up because they made it out of explosives then they should be held liable.
If someone makes a YoYo that blow's up a city because it contained particles unknown and undetectable to any science we have, they shouldn't be to blame.
The key is that they have to have done what we think is required. Legislators get to decide what it is that is required. If a company does all of that, then they shouldn't be held responsible, because they have done all they were asked to do.
The problem is not that a law provides indemnity, the problem is that it sets the standard to qualify too low.