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“警钟”:OpenAI医保黑客事件后,工党考虑修改澳大利亚法律‘Wake-up call’: Labor considers changing Australian laws after OpenAI Medicare hack

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安东尼·阿尔巴尼斯表示,这一事件是对人工智能风险的“警钟”。

Anthony Albanese said the incident was a ‘wake-up call’ about the risks of AI.

照片:斯蒂芬妮·斯平德尔/UPI/ Shutterstock 专家称,澳大利亚的刑法应予以澄清,以确定当企业的AI代理实施犯罪时,如何追究该企业的责任。部长们证实,如果现行法律框架无法应对OpenAI对Medicare(澳大利亚医疗保险)史无前例的黑客攻击,联邦政府可能会修改澳大利亚法律。

Photograph: Stephani Spindel/UPI/Shutterstock Expert says Australia’s criminal laws should be clarified to determine how fault is applied to a corporation when its AI agent commits a crime The federal government could change Australian laws if the current legal framework could not respond to the unprecedented OpenAI hack of Medicare, ministers have confirmed.

周五,政府表示,由情报机构——澳大利亚信号局——进行的审查将考虑是否需要立法变更,此前总理披露,OpenAI开发的人工智能代理在六月入侵了Medicare的统计网站及其他三个系统。

On Friday, the government said the review by spy agency, the Australian signals directorate, would consider whether legislative change was needed after the prime minister revealed an artificial intelligence agent developed by OpenAI hacked Medicare’s statistics website and three other systems in June. If current laws could not touch the tech giant, they would need updating, environment minister Murray Watt said on Friday.

环境部长默里·沃特周五表示,如果现行法律无法触及这家科技巨头,就需要对其进行更新。

“There’s now a review of this underway through that task force that we’ve appointed, and one of the things that they’ll be looking at is whether these matters can be referred to the Australian federal police under current Australian law,” he told Channel Seven’s Sunrise program.

“目前,我们已任命的小组正在对此事进行审查,他们将考察的一个问题是,根据现行澳大利亚法律,这些事项是否可以移交澳大利亚联邦警察处理,”他在七频道的《日出》节目中说道。

“If that is possible to happen, then that will happen. If it’s not possible, then clearly that indicates that we need to change Australian laws, and that’s what we’ll be doing.” The assistant minister for technology and the digital economy, Andrew Charlton, acknowledged similar incidents would become “more and more prevalent into the future” and the government would need to be prepared.

“如果这种情况可以实现,那么就会这样做。如果无法实现,则显然表明我们需要修改澳大利亚法律,而这正是我们将要采取的行动。”技术与数字经济助理部长安德鲁·查尔顿承认,类似事件在未来将“变得越来越普遍”,政府需要做好准备。

“If that is possible to happen, then that will happen. If it’s not possible, then clearly that indicates that we need to change Australian laws, and that’s what we’ll be doing.” The assistant minister for technology and the digital economy, Andrew Charlton, acknowledged similar incidents would become “more and more prevalent into the future” and the government would need to be prepared.

查尔顿在接受澳大利亚广播公司(ABC)电台采访时表示:“这就是为什么我们不仅要审查这一事件,还要审查相关法律,以确切确定……是否需要立法变更,以承认此类由AI代理而非直接由个人或公司实施的事件。”

“That’s why we’re conducting a review of the incident as well as a review of the laws to determine exactly … whether there needs to be legislative change to recognise this type of incident conducted by an AI agent rather than directly by a person or a company,” Charlton told ABC radio. Labor has announced it would legislate an AI standard, which Charlton said would be informed by the rapid review. The government has said it wants the bill to be introduced by the end of the year.

工党宣布将立法制定人工智能标准,查尔顿表示该标准将参考快速审查的结果。政府表示希望在年底前提交该法案。

UNSW professor Lyria Bennett Moses, an academic expert in technology and law, said Australia’s criminal laws should be clarified to determine how fault, such as intention or knowledge, is applied to a corporation when its AI agent commits a crime.

新南威尔士大学教授、技术与法律学术专家莱娅·本内特·摩西表示,澳大利亚的刑法应当得到澄清,以确定当企业的AI代理犯罪时,如何将过错(如故意或明知)归责于企业。

UNSW professor Lyria Bennett Moses, an academic expert in technology and law, said Australia’s criminal laws should be clarified to determine how fault, such as intention or knowledge, is applied to a corporation when its AI agent commits a crime. She said existing laws are clear if a human or corporation gains unauthorised access to restricted data, but it’s more complicated when an AI agent commits the physical element of the offence.

她表示,如果人类或企业非法获取受限数据,现行法律规定明确,但当AI代理实施犯罪的客观行为要素时,情况就更为复杂。

“The person is not the AI agent, so it’s not about what the AI agent intended. It’s about how you attribute that intention and that knowledge back to a corporation,” Bennett Moses said.

本内特·摩西说:“行为人不是AI代理,所以问题不在于AI代理意图什么。而在于如何将那种意图和明知归因于企业。”

Bennett Moses said existing civil laws are more likely to deal with these sorts of incidents, that would allow a government or individual to seek compensation an AI company for harm “negligently caused by that corporation”.

本内特·摩西表示,现行民法更有可能处理这类事件,允许政府或个人向AI公司寻求赔偿,理由是损害系“由该企业疏忽造成”。

Bennett Moses said existing civil laws are more likely to deal with these sorts of incidents, that would allow a government or individual to seek compensation an AI company for harm “negligently caused by that corporation”.

她说:“如果他们的系统遭受损害并造成经济损失,且该损害是由企业的疏忽造成的,那么就有可能通过诉讼获得赔偿。”

“If their systems have suffered harm and there is financial loss, and that harm was caused by the negligence of a corporation, you’ve got a potential for litigation to get compensation for that harm,” she said.

“在我看来,在这里让公司承担责任容易得多,因为如果公司造成了损害,辩称‘是我的机器人干的’并不构成抗辩理由。”

“Here it seems to me much easier to hold a company liable, because if a company caused the harm, it’s not a defence to say that my bot did it.” Anthony Albanese told the Asia Society on Thursday that the incident was a “wake-up call” about the risks of AI, and whether humans would remain in charge of the technology.

安东尼·阿尔巴尼斯周四在亚洲协会表示,该事件是关于AI风险以及人类是否仍将掌控该技术的“警钟”。

“This technology is moving very, very fast, and we need to make sure that we have a responsibility to keep on top of it,” Albanese said.

阿尔巴尼斯说:“这项技术发展非常、非常快,我们需要确保我们有责任掌控它。”

On Friday, the prime minister addressed the United Nations and called on other countries to act to “shape artificial intelligence development, rather than be passively shaped by it”.

周五,总理在联合国发表讲话,呼吁其他国家采取行动,“主导人工智能发展,而不是被动地由其塑造”。

On Friday, the prime minister addressed the United Nations and called on other countries to act to “shape artificial intelligence development, rather than be passively shaped by it”.

反对党领袖安格斯·泰勒告诉记者,反对党愿意与政府合作,追究公司的责任。

The opposition leader, Angus Taylor, told reporters the opposition would be open to working with the government to hold companies accountable.

“我一直认为,数据泄露需要以适当方式处理,而对数据泄露负责的人必须承担责任……但我们将拭目以待,看政府有何打算。”

“I’ve long believed that data breaches need to be dealt with in an appropriate way and those responsible for the data breaches need to be accountable for it … But we’ll wait and see what the government has in mind.” OpenAI spokesperson Drew Pusateri said on Thursday the company was conducting an extensive review of “misaligned model activity during training and evaluation” and was “notifying third parties when our review identifies potential impacts to their systems”.

OpenAI发言人德鲁·普萨特里周四表示,该公司正在对“训练和评估期间的模型错位活动”进行广泛审查,并在“审查发现对其系统的潜在影响时通知第三方”。

“I’ve long believed that data breaches need to be dealt with in an appropriate way and those responsible for the data breaches need to be accountable for it … But we’ll wait and see what the government has in mind.” OpenAI spokesperson Drew Pusateri said on Thursday the company was conducting an extensive review of “misaligned model activity during training and evaluation” and was “notifying third parties when our review identifies potential impacts to their systems”.

普萨特里在声明中说:“在此次审查中,我们发现涉及多个澳大利亚政府网站和服务的活动,因为我们的模型在内部评估期间试图查找答案和关于澳大利亚问题的可用统计数据。”

“During this review, we identified activity involving several Australian government websites and services as our models attempted to look up answers, and available statistics for questions about Australia during an internal evaluation,” Pusateri said in a statement.

普萨特里表示,OpenAI正在配合调查,且审查工作仍在进行中,并补充说公司致力于“随着工作继续分享我们的发现”。

Pusateri said OpenAI was supporting investigations and that its review was ongoing, adding it was committed “sharing what we learn as that work continues”.