That’s not how modern risk assessment works. Risk registers and mitigation planning are based on proactively identifying risk. To the extent that this doesn’t occur before something is built and/or deployed, at the very least, it’s a failure of the engineering process. (It also seems somewhat perverse to argue that we need to protect innovation in a specific domain by sticking to the way regulation happened long in the past.)
And in the cases where engineering and scientific analysis has identified risks in advance, but no regulatory system is in place, the legal system has been clear that there is liability on the part of the producers. And given those widely acknowledged dangers, it seems clear that if model developers ignores a known or obvious risk, they are criminally liable for negligence. This isn’t the same as restricting by-default-unsafe technologies like drugs and buildings, but at the very least, I think you should agree that one needs to make an argument for why ML models should be treated differently than other technologies with widely acknowledged dangers.
That’s not how modern risk assessment works. Risk registers and mitigation planning are based on proactively identifying risk. To the extent that this doesn’t occur before something is built and/or deployed, at the very least, it’s a failure of the engineering process. (It also seems somewhat perverse to argue that we need to protect innovation in a specific domain by sticking to the way regulation happened long in the past.)
And in the cases where engineering and scientific analysis has identified risks in advance, but no regulatory system is in place, the legal system has been clear that there is liability on the part of the producers. And given those widely acknowledged dangers, it seems clear that if model developers ignores a known or obvious risk, they are criminally liable for negligence. This isn’t the same as restricting by-default-unsafe technologies like drugs and buildings, but at the very least, I think you should agree that one needs to make an argument for why ML models should be treated differently than other technologies with widely acknowledged dangers.