So did anyone commit a crime in the OpenAI / HuggingFace incident?

· Bits and Bobs 7/27/26
  • So did anyone commit a crime in the OpenAI / HuggingFace incident?
    • I am not a lawyer, obviously!
    • The hacking was a pretty clear example of the CFAA but it comes down to the mens rea of the operators.
    • My understanding of the mens rea ladder:
      • Purposeful: the outcome was the goal.
      • Knowledgeable: you knew the outcome was very likely to occur and did it anyway.
      • Reckless: you knew there was a risk but disregarded it.
      • Negligent: any reasonable person would have been aware of the risk but you did it anyway.
    • Seems like the bottom two runs would be relevant here.
    • If a small Chinese lab had done this they would have certainly been prosecuted, and it would likely have established precedent for how to handle this.
    • In this case, it seems unlikely for it to be prosecuted.

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