I would go further than that and question whether or not the notions of "safety" and "guardrails" have any legal meaning here at all. If I sold a bomb to a child and printed the word "SAFE" on it, that wouldn't make it safe. Kid blows himself up, no one would be convinced of the bomb's safety at the trial. Likewise, where's the proof that sending a particular input into the LLM renders it "safe" to offer as a service in which it emits speech to children?