My opinion and based on my observations: The recent track record with courts, prosecutors, and lawmakers keeping social media companies accountable is a relevant case and does not encourage me. It has taken a long time (decade +) for society to recognize the harms and finally start holding some to (partial) account. If you want an older precedent, the tobacco companies were able to dodge liability for multiple decades after knowing the harms from use of their products.

So, your question is spot on- I think the speed will be an issue. On resilience, I am more optimistic.

The old quote, "The wheels of justice turn slowly, but they grind very fine" (as well as I can remember it) seems to apply. I expect lawsuits to start landing in the coming years.

Tobacco companies 'liability' is completely different scenario.

They were held responsible for basically misleading people, and that's 'complicated'.

If OpenAI 'software' goes out and does something, it's OpenAI's fault.

If Walmart revs up a truck, points it downtown, and 'lets the truck go' ... that is Walmart's fault.

There's nothing complicated about liability, no need to see their internal emails, no need to gather 'intent'.

This not like Instagram 'social harms' either, which is more like Tobacco.

We don't need complicated thinking - agents are not externalized for their controllers.

'It's just software'.

The fact we're even having discussions about it just crazy frankly.

OpenAI broke into HuggingFace, that's it.

HF can sue them, or not, or whatever.