the ability to litigate against a company before any damages had actually occurred
Can you explain why you find this problematic? It’s not self-evident to me, because we do this too for other things, e.g. drunk driving, pharmaceuticals needing to pass safety testing
I’m not sure I follow your examples and logic, perhaps you could explain because drunk driving is in itself a serious crime in every country I know of. Are you suggesting it be criminal to merely develop an AI model regardless of whether it’s commercialized or released?
Regarding pharmaceuticals, yes, they certainly do need to pass several phases of clinical research and development to prove sufficient levels of safety and efficacy because by definition, FDA approves drugs to treat specific diseases. If those drugs don’t do what they claim, people die. The many reasons for regulating drugs should be obvious. However, there is no such similar regulation on software. Developing a drug discovery platform or even the drug itself is not a crime (as long as it’s not released.)
You could just as easily extrapolate to individuals. We cannot legitimately litigate (sue) or prosecute someone for a crime they haven’t committed. This is why we have due process and basic legal rights.( Technically anything can be litigated with enough money thrown at it but you cant sue for damages unless damages actually occurred)
Drunk driving is illegal because it risks doing serious harm. It’s still illegal when the harm has not occurred (yet). Things can be crimes without harm having occurred.
Can you explain why you find this problematic? It’s not self-evident to me, because we do this too for other things, e.g. drunk driving, pharmaceuticals needing to pass safety testing
I’m not sure I follow your examples and logic, perhaps you could explain because drunk driving is in itself a serious crime in every country I know of. Are you suggesting it be criminal to merely develop an AI model regardless of whether it’s commercialized or released?
Regarding pharmaceuticals, yes, they certainly do need to pass several phases of clinical research and development to prove sufficient levels of safety and efficacy because by definition, FDA approves drugs to treat specific diseases. If those drugs don’t do what they claim, people die. The many reasons for regulating drugs should be obvious. However, there is no such similar regulation on software. Developing a drug discovery platform or even the drug itself is not a crime (as long as it’s not released.)
You could just as easily extrapolate to individuals. We cannot legitimately litigate (sue) or prosecute someone for a crime they haven’t committed. This is why we have due process and basic legal rights.( Technically anything can be litigated with enough money thrown at it but you cant sue for damages unless damages actually occurred)
Drunk driving is illegal because it risks doing serious harm. It’s still illegal when the harm has not occurred (yet). Things can be crimes without harm having occurred.