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I think this mistakes different types of bans/controls and their different purposes.
One way a ban/control may operate is to try to pre-emptively prevent certain events from occurring. When folks try to control, say, ammonium nitrate following the Oklahoma City bombing, they're often trying to prevent someone from acquiring some of the tools used to create a large bomb, ultimately in the hopes of preventing said hypothetical bomb from being used to kill people and destroy stuff. Whether or not this is practical is not the point here; the point is that this is the point of the effort. Similarly for controls on nuclear material.
Importation controls are somewhat similar in that they may be trying to prevent an event from occurring at all. The funny example I go to sometimes is the ban on Chinese drywall. The intent was to prevent it from even getting into the country, pre-emptively preventing whatever harms it may (or may not) later produce. Or see, for example, the discussion below about possible controls on UAS; I read that conversation to be primarily pondering whether controls can be put in place which pre-emptively prevent a significant number of events, to what extent such controls will be effective or not effective (how hard is it for folks to still "roll their own"?), etc.
Many other bans/controls are post-hoc controls, assigning liability/culpability after a sufficient number of steps have been taken toward an event or after the event has occurred. These are different in type. Probably the majority of controls are like this. I might even say that part of the reason why so many controls are like this is because it is not reasonable to control the inputs that are used to lead up to an event. This may be in part due to "dual use" considerations or other factors.
For a silly example, rope can be used to tie someone up when kidnapping them. Well, basically no one thinks it's reasonable to put heavy controls on possessing rope. But basically no one thinks that kidnapping is "not the kind of thing you can realistically ban", either. That people have widespread access to the tool used is sort of neither here nor there when considering post-hoc controls on the use of those tools for specific events.
What I find strange is that I've really only seen this come up for digital tools. There's this weird perspective that if someone uses specifically a digital tool that is "out there" and accessible, that the "genie is out of the bottle", then it's simply unrealistic to use any sort of law to restrict any type of use of these digital tools that one might perform. That still seems wild to me. Rope is a technology that is "out there". "The genie is out of the bottle." Even the Primitive Technology guy makes his own! ...sorrrrta think that we can still ban kidnapping.
[EDIT: I forgot to add what I had wanted to say about the UAS conversation. Suppose, after consideration, it seems infeasible to use a Type I control to prevent things like killing people with UAS. Can't even manage to stop someone from flying into, say, a crowd at an open sports stadium. I don't see any reason why someone couldn't want a Type II control, still making it illegal to fly a UAS into a stadium or to kill people with a UAS. Sure, maybe you can't prevent it, but to the extent that you have the investigative tools to prove in a court of law who is culpable for doing it, you can still prosecute them.]
Of course, once we're in a Type II ban world instead of a Type I ban world, then there is some amount of "we have to get used to the fact that this type of event will actually happen significantly more often than events that we can control with Type I bans". Frequencies and percentages will depend heavily on specifics. And maybe that's the sentiment you're going for. Sure, we're not going to be able to meaningfully pre-emptively prevent fake AI nudes from being generated, just like we can't really pre-emptively prevent rope-enabled kidnappings. But folks may still want to try a Type II control. The extent to which even a Type II control can be considered effective certainly depends extremely heavily on specifics, including an analysis of post-hoc investigation techniques, surrounding legal frameworks, resource considerations, and even the oft-debated deterrence theory of government sanctions.
Sure, and we can discuss type 2 controls. But we're going to very quickly get into the "what are we even doing here?" realm when anyone who wants to put together a piddly little indie game that uses player controlled image gen is going to need to spend time implementing some, easily circumvented, controls to prevent some class of images to be generated. And it's not just the deep fakes, we're going to have to get used to every image or video on the internet that doesn't have verifiable provenance being suspect. A lot of people seem to think this future is avoidable and it just isn't. People are going to be able to make deep fakes of people as easily as they can imagine them nude. We should try to teach young men not, or at least not to do so in a public manner just like we mostly manage to teach them not to describe to other people what they imagined one of their class mates would look like nude, but this is fundamentally a social problem that people are trying to solve with ill-fitting legal action. Do you think a kid should get expelled because he imagined what a classmate looked like nude? If a kid drew a picture of his classmate the buff should he be punished?
Sorry, h-what? This is truly out of left field.
Yeah, sure, agreed. Not sure the relevance.
I cannot possibly think of how this is remotely responsive to my comment. The answer is obviously no, but the mind is boggled.
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This ban was because we imported a lot of shitty Chinese drywall that later outgassed sulfur compounds. It wasn't pre-emptive, it was punitive.
This is different from the UAS ban for several reasons including
UAS that do bad stuff on their own or at the surreptitious direction of their foreign manufacturer are largely only theoretical. DJI has been accused of uploading flight logs during an update, but that's it.
It applies to components, too, including components such as motors and batteries that could not be compromised to do the bad stuff theorized.
The reason for the UAS import ban is to prevent Americans from doing bad things with a UAS on purpose, not for any damage done by the manufacturer or manufacturer's country.
For the purposes of my comment, it is this temporal relationship that matters. Sure, the other temporal relationship between folks realizing this temporal relationship and choosing to ban it is fine. But this one is the one that holds the conceptual link.
I'm certainly not going to defend the UAS/component ban, either, but that's not the point here. The point is that even if we assume that all of that is dumb and doesn't make sense as a Type I ban, we can still make it illegal to use a UAS to kill someone or even just make it illegal to fly a UAS into a stadium or something, and this type of ban will have particular qualities tied to the specifics.
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