That's sub-frontier activity - it has no bearing on the very real safety that would be gained by slowing down ("pacing") the proprietary frontier. The current cybersecurity scares are all about proprietary and internal models; open weight models are great for defense but get very modest scores on offensive evaluations (which makes sense if they weren't specifically post-trained for offense tasks).

Those unregulated sub-frontier labs become the new frontier labs because they continue advancing.

They advance with the benefit of the open weight models that US companies were forced to release.