On: Felony Bench

[eru]

I'm not sure: if you know that LLMs are prone to crime, using them and not checking in enough to trigger 'knowingly' might be gross negligence?

[dragonwriter → eru]

In the scale of mental states in crime, negligence of any kind is several steps below knowing/intentional; you can't be liable for an intentional crime because of mere negligence of any degree.

You could be liable for the (civil) tort of negligence, though.

[eru → dragonwriter]

Details depend. And setting up negligence and being willfully ignorant is often not something the courts see as a defense.

[paranoidrobot → eru]

Define crime though, because one particular action could be both a crime and not, depending on a range of factors that the LLM might not be aware of.

Even having a million legal experts on call weighing in on every prompt/response will not agree on everything.

Even things like "go and break into this system, use whatever means you need to" might not be a crime.

[eru → paranoidrobot]

Keeping a vicious dog doesn't have to lead to a crime either, but that doesn't mean you are not responsible, if something happens.

[dragonwriter → eru]

Legal responsibility can be in forms (e.g., civil tort liability) other than criminal.