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I don't think it really matters how GoF researchers and health officials choose to define it.

What matters is how a court defines it when the GoF researchers and funders get arrested (plus whether there is the will to actually prosecute).

Get someone who wants to stop this and can control the FBI into POTUS, tighten up the laws if necessary (which it's probably not), and it stops, because after you throw the first few people in jail the rest will decide 5 minutes of fame's probably not worth it.