How can you charge someone for making a threat when you only read the threat by spying on them? Surely that has to be thrown out in court? They didn’t actually send the threat to anyone, you just obtained it by spying.
This seems to be the statute: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Disp...
With the obvious IANAL, it doesn't seem to rely on the message be sent to the person being threatened. The specific segment is "in any manner in which it may be viewed by another person".
This may be one of those cases where we get to find out how courts view SaaS platforms.
Exactly, can you threaten someone without them receiving the threat? If this is not thrown out, Minority Report will actually happen.
this is almost certainly what anthropic is hoping for here - a judgement that says there is no point in them continuing to monitor and report this behaviour
Cops will charge them to let the courts decide
> Surely that has to be thrown out in court?
The prosecutors likely know this and expect it. But there's enough gray area here for them to make the argument, and it's hard to prove malicious prosecution, so they know they'll get away with it. It's just about sending a message to the public - they don't care whether a conviction sticks. Just politics.
It's not quite spying when you willingly hand over this information and agree to terms of service. You're data is not considered yours alone.
the argument to be made is that allowing anthropic to see it constitutes sending the threat.
sandbox your ai.
It's legal to spy if the terms of service say so
I was thinking the same. If the evidence was not obtained with a proper court order wouldn’t this result in a mistrial?
what if it's just testing the AI to see how it responds
A threat sent by mail is still a sent threat even if nobody ever opens the envelope to read it. The crime is in the sending. This woman used an online resources, one which involves transmitting everything across innumerable state lines. I am surprised she isn't up on federal charges.
Note that the law doesn't forbid the writing of a threat. You have to send it to someone. Had she kept it in a book under her bed, she would not be in trouble. But she sent it to a website/service/LLM portal.
>> It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, a writing or other record, including an electronic record, in any manner in which it may be viewed by another person
> when you only read the threat by spying on them
The AI companies have clauses in their user agreements saying they can review content flagged as harmful. It’s not legally spying.
If you recall previous outrage about ChatGPT being used in cases of suicides or shootings, this is the result. Every time a crime was committed and the police found ChatGPT history about the crime, the media turned it into a frenzy. So the AI labs added safety filters to their consumer plans that detect threats of violence, escalate them to human review, and report to the police.
Spying is not the right analogy because the information was given to the police by a third party which had a EULA saying they would do this. A more analogous situation would be someone reading another person’s diary and then turning it into the police department. There might be some limitation in the law that makes the evidence inadmissible because it was not intended to be shared with anyone, but that’s a separate decision.