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Posted by quuxplusone 5 days ago

Palisades Fire suspect's ChatGPT history to be used as evidence(www.rollingstone.com)
226 points | 215 comments
exabrial 3 hours ago|
All I can say is GOOD.

If a person is suspected of committing a crime, and police obtain a specific, pointed, warrant for information pertaining to an individual, tech companies have a moral obligation to comply, in the best interests of humanity.

If law enforcement or spy agency asked for a dragnet warrant like "find me all of the people that might be guilty of XYZ" or "find me something this individual might be guilty of"; tech companies have a moral obligation to resist, in the best interest of humanity.

The first is an example of the justice system working correctly in a free society; the second is an example of totalitarian government seeking to frame individuals.

matthewdgreen 59 minutes ago||
Not good. These tools (from search engines to AI) are increasingly part of our brains, and we should have confidentiality in using them. I already think too much about everything I put into ChatGPT, since my default assumption is it will all be made public. Now I also have to consider the possibility that random discussions will be used against me and taken out of context if I'm ever accused of committing a crime. (Like all the weird questions I ask about anonymous communications and encryption!) So everything I do with these tools will be with an eye towards the fact that it's all preserved and I'll have to explain it, which has a huge chilling effect on using the system. Just make it easy for me not to log history.
VHRanger 35 minutes ago|||
> Not good. These tools (from search engines to AI) are increasingly part of our brains, and we should have confidentiality in using them.

Don't expect that from products with advertising business models

hdseggbj 36 minutes ago|||
Just give the ai to user relationship a protection like attorney client privilege.

Edit: ai has already passed the bar exam.

heavyset_go 18 minutes ago|||
I don't think anyone has a moral obligation to do the state's bidding, and if you think these tools will only be used morally against "bad guys", you have not been paying attention to recent events.

I also don't think the interests of the state are the "in the best interests of humanity".

Sometimes the price of having nice things and them remaining nice means that people you don't like can use them, too.

stuffn 45 minutes ago|||
> If law enforcement or spy agency asked for a dragnet warrant like "find me all of the people that might be guilty of XYZ" or "find me something this individual might be guilty of"; tech companies have a moral obligation to resist, in the best interest of humanity.

There is more evidence they will do this rather than that they won't. ChatGPT is a giant dragnet and 15 years ago I would've argued it's probably entirely operated and funded by the NSA. The police already can obtain a "geofenced warrant" today. We're not more than one senator up for re-election from having a new law forced down our throat "for the children" that enables them to mine OpenAI data. That is, if they don't already have a Room 641A located in their HQ.

People pour their live out into these fuzzy word predictors. OpenAI is holding a treasure trove of personal data, personality data, and other data that could be used for all kinds of intelligence work.

This is objectively bad regardless of how bad the criminal is. The last near 40 years of history, and especially the post 9/11 world, shows that if we don't stand up for these people the government will tread all over our most fundamental rights in the name of children/security/etc.

Basic rights aren't determined by how "good people" use them. They are entirely determined by how we treat "bad people" under them.

tenthirtyam 6 minutes ago||
Just wait until AI is advanced enough that you can buy an AI best friend who will be with you all your life. I'm reminded of Decker's AI hologram friend in Blade Runner 2049. The only thing they got wrong was she was not collecting data for the megacorp.

Thinking again, the AI will certainly be "free".

bitpush 2 hours ago|||
How do you square this with Apple's pushback few years back against FBI who asked for a specific individual's details.

I'm not taking sides, but it sounds like if ChatGPT cooperating with LE is a Good Thing (TM), then Apple making a public spectacle of how they are not going to cooperate is .. bad?

I'm fully aware that Apple might not even be able to provide them the information, which is a separate conversation.

gruez 1 hour ago|||
>How do you square this with Apple's pushback few years back against FBI who asked for a specific individual's details.

See: https://en.wikipedia.org/wiki/Apple%E2%80%93FBI_encryption_d...

>Most of these seek to compel Apple "to use its existing capabilities to extract data like contacts, photos and calls from locked iPhones running on operating systems iOS 7 and older" in order to assist in criminal investigations and prosecutions. A few requests, however, involve phones with more extensive security protections, which Apple has no current ability to break. These orders would compel Apple to write new software that would let the government bypass these devices' security and unlock the phones.[3]

That's much more different than OpenAI dumping some rows from their database. If chatgpt was end-to-end encrypted and they wanted OpenAI to backdoor their app I would be equally opposed.

heavyset_go 15 minutes ago|||
With CALEA and related laws, companies that don't keep logs can be compelled to surveil certain users from that point forward, even if that means installing hardware/software that keeps logs on them.
giancarlostoro 1 hour ago|||
Interesting that it wound up not being Cellebrite, I thought for years it was, I wonder if Cellebrite had people lie to the press that it was them. Really effective marketing.

I agree, the line is at messing with End to End Encryption. If your E2EE has a backdoor ITS NOT END TO END ENCRYPTION. Thanks.

closetohome 2 hours ago||||
The difference is that in this case OpenAI was able to produce the requested information without compromising security for their other customers.
SilasX 1 hour ago||
Right, for the OpenAI case to be analogous, they would have to switch to a system where your chats are homomorphically encrypted -- i.e. OpenAI does all its operations without knowing either the input or output plaintext. In that case, they'd only have encrypted chats to begin with, and would have to somehow get your key to comply with a warrant for the plaintext.

And note: the above scenario is not likely anywhere in the near future, because homomorphic encryption has something like a million times overhead, and requires you to hit the entire database on every request, when state-of-the-art LLM systems are already pushing the limits of computation.

exabrial 1 hour ago|||
With my current knowledge of the case, I'd say Apple was clearly in the moral wrong and it's a pretty dark mark in their past.

My understanding is the suspect was detained and law enforcement was not asking for a dragnet (at least thats what they stated publicly), and they were asking for a tool for a specific phone. Apple stated the FBI was asking them to backdoor in all iPhones, then the FBI countered and said thats not what they were asking for. Apple then marched triumphantly into the moral sunset over the innocent victims'; meanwhile the FBI then send funds to a dubious group with questionable ethics and ties to authoritarian regimes.

In my opinion, Apple should have expediently helped here, if for no other reason than to prevent the funding of groups that support dragnets, but also out of moral obligation to the victims.

JKCalhoun 1 hour ago||
Are you certain Apple could unlock this phone (short of making a software change that compromised all iPhones)?
ribosometronome 1 hour ago|||
And why would it matter? Even if the capability to create a magic key that unlocked a specific phone remained entirely within a company's hands for future use, why wouldn't the courts just continue to ask them to use it? It's not like the victims of all sorts of other crimes don't have similar don't similarly deserve justice.

Law enforcement at the time was even admitting (which we'd later find out to be correct) that there likely was nothing of value on the phone. It seems fairly obvious that the FBI was trying to use a high profile case to force a paradigm shift. Perhaps we can argue it'd be a good and just one, but arguing that they weren't seems not right.

exabrial 1 hour ago|||
I make no claim either way nor do I have insider knowledge of what they could and could not do.
tshaddox 1 hour ago|||
Does this imply that the tech company has the moral obligation to evaluate the merits of each warrant on a case-by-case basis?
jonny_eh 2 hours ago||
> the Justice Department’s allegations against Rinderknecht are supported by evidence found on his phone

Sounds like they got the info from his phone, not taken from any servers, so this is likely not an example of a tech company "complying".

jampa 15 hours ago||
The headline and article try to bias and frame the story to make people question: "Is OpenAI snitching on me?"

In reality, Uber records and conflicting statements incriminated him. He seems to be the one who provided the ChatGPT record to try to prove that the fire was unintentional.[1]

> He was visibly anxious during that interview, according to the complaint. His efforts to call 911 and his question to ChatGPT about a cigarette lighting a fire indicated that he wanted to create a more innocent explanation for the fire's start and to show he tried to assist with suppression, the complaint said.

[1] https://apnews.com/article/california-wildfires-palisades-lo...

Sophira 9 hours ago||
It looks like the headline may have changed as well since the HN submission, assuming that the title here was the original headline. Now the headline seems to be "Suspect in Palisades fire allegedly used ChatGPT to generate images of burning forests and cities".
butlike 5 hours ago|||
Changing the headline post hoc without any indication of the change is kind of a pet peeve of mine. Why is it not indicated as errata in the article like other edits when the body of the text is changed or factual information is confirmed?
yugioh3 3 hours ago||
Headlines are marketing and layout design, not journalism. Journalists have no role in title generation. And changes could be due to AB testing. Seems relatively immaterial to me.
ribosometronome 1 hour ago|||
Unless people are primarily only reading the headlines, then it could matter.
LocalPCGuy 1 hour ago|||
I call BS on that given how many people ONLY read the headline. It is (well, should be) the responsibility of the journalism industry, of which the editors are still a part of, to accurately convey information, and that includes in the part of most heavily shared and read.

(and yah, yada yada about journalism no longer, or maybe never, being about truth, I get it, but still IMO the field should be held to the higher journalistic standard)

Moncefmd 6 hours ago|||
I had the same assumption but apparently it does not appear to have changed since publication. [1]

[1] - https://web.archive.org/web/20251008204636/https://www.rolli...

coldtea 3 hours ago|||
>The headline and article try to bias and frame the story to make people question: "Is OpenAI snitching on me?"

And very rightly so, regardless if Uber records incriminated this person.

jimmySixDOF 13 hours ago|||
Also why the sudden interest? Amazon Alexa snips have been used before in court/investigation and this is not new. But makes me wonder about what happens when you are dealing with summaries of summaries of long gone tokens. Is that evidence?
autoexec 3 hours ago|||
I suppose it's a good reminder to people that every cloud service they interact with is collecting data which can be used against them in court or in any number of other ways at any point in the future and that chatbots are no exception.

I'm sure that there are many people who thoughtlessly type very personal things into chatgpt including things that might not look so good for them if they came out at trial.

weird-eye-issue 12 hours ago||||
> But makes me wonder about what happens when you are dealing with summaries of summaries of long gone tokens. Is that evidence?

There is text input and text output it's really not that complicated

If used in court the jury would be given access to the full conversation just like if it was an email thread

michaelt 3 hours ago||||
> Also why the sudden interest? Amazon Alexa snips have been used before in court/investigation and this is not new.

As I understand it, some people treat chatgpt like a close personal friend and therapist. Confiding their deepest secrets and things like that.

gruez 1 hour ago||
Is this any different than people asking their deepest darkest questions to google?
sebastiennight 1 hour ago||
It is very different. In one case you actively have to prod a "neutral" machine to get your dark curiosity satiated, in the other case the machine is designed to draw it out of you.

Same difference as: "Allowing minors into casinos... is it any different from letting them play cards with their friends at home with their pocket money?"

shagie 26 minutes ago||
> in the other case the machine is designed to draw it out of you.

I take issue with the "is designed to" phrase. That implies an intentionality upon OpenAI (and others) to create something that acts as a therapist or confidant. It is designed to respond to you in a way that you ask it to. The agency for confiding deep secrets to a cloud service is entirely upon the human typing in the text.

If one doesn't try to make it your friend, it doesn't try to act like it.

jack_pp 7 hours ago||||
You have your full history in chatgpt not just summaries and I doubt they permanently delete chats you specifically choose to delete.
shagie 23 minutes ago|||
For ChatGPT, they're under legal obligation not to delete chats for a period of time.

https://openai.com/index/response-to-nyt-data-demands/ (yes, that's written 100% from OpenAI's perspective)

In particular:

> The New York Times is demanding that we retain even deleted ChatGPT chats and API content that would typically be automatically removed from our systems within 30 days.

> ...

> This data is not automatically shared with The New York Times or anyone else. It’s locked under a separate legal hold, meaning it’s securely stored and can only be accessed under strict legal protocols.

> ...

> Right now, the court order forces us to retain consumer ChatGPT and API content going forward. That said, we are actively challenging the order, and if we are successful, we’ll resume our standard data retention practices.

maxbond 4 hours ago|||
I think they were referring to intermediate tokens in "Thinking" models, which are summarized in the interface but ultimately discarded (and may themselves be summaries of sources, other chats, or earlier intermediate states).

Presumably what's of evidentiary value is the tokens you type, though.

laborcontract 10 hours ago|||
Your honor, the defendant is semantically guilty!
lawlessone 2 hours ago||
it would help indicate intention.
bko 9 hours ago|||
This may be unpopular opinion, but I'm more or less okay with things like search records and Uber receipts being included as evidence when there's probable cause.

It's no different than the contents of your home. Obviously we don't want police busting in to random homes to search, but if you're the suspect of a crime and police have a warrant, it's entirely reasonable to enter a home and search. I guess it can't necessarily help clear you up like an alibi would, but if the party is guilty is could provide things like more certainty, motivation, timeline of events, etc.

I think people conflate the two. They hold that certain things should remain private under all circumstances, where I believe the risk is a large dragnet of surveillance that affects everyone as opposed to targeted tools to determine guilt or innocence.

Am I wrong?

rubyfan 8 hours ago|||
I don’t think you hold an unreasonable position on that issue. If everything is operating as it should then many would agree.

We’ve long ago entered a reality where almost everyone has a device on them that can track their exact location all the time and keeps a log of all their connections, interests and experiences. If a crime occurs at a location police can now theoretically see everyone who was in the vicinity, or who researched methods of committing a crime, etc. It’s hard to balance personal freedoms with justice, especially when those who execute on that balance have a monopoly on violence and can at times operate without public review. I think it’s the power differential that makes the debate and advocacy for clearer privacy protection more practical.

mrguyorama 3 hours ago|||
I shouldn't have to remind everyone that cops already can skip getting a warrant for things like phone location data.

Plenty of big services will just give cops info if they ask for it. It's legal. Any company or individual can just offer up evidence against you and that's fine, but big companies will have policies that do not require warrants.

Despite this atrocious anti-privacy stance, cops STILL clear around half of violent crimes, and that's only in states with rather good police forces, usually involving higher requirements than "A pulse" and long training in a police Academy. Other states get as low as 10% of crimes actually solved.

When you've built a panopticon and cops STILL can't solve cases, it's time to stop giving up rights and fix the cops.

rubyfan 2 hours ago||
> Plenty of big services will just give cops info if they ask for it. It's legal. Any company or individual can just offer up evidence against you and that's fine, but big companies will have policies that do not require warrants.

I think this is where policy is failing. No clear protections on privacy and collusion between corporations and the state is allowed. It’s outdated and impractical to have the limits on search and seizure at physical boundaries but not electronic ones.

btilly 3 hours ago||||
There are two questions that come up.

1. How wide is the search net dragged?

2. Who can ask for access?

The first shows up in court cases about things like "which phones were near the crime" or "who in the area was talking about forest fires to ChatGPT?" If you sweep the net far enough, everyone can be put under suspicion for something.

A fun example of the second from a few years ago in the New York area was toll records being accessed to prove affairs. While most of us are OK with detectives investigating murders getting access to private information, having to turn it over to our exes is more questionable. (And the more personal the information, the less we are OK with it.)

cyphar 5 hours ago||||
Sure, warrants and subpoenas need to exist in order for the legal system to function. However, they have limits.

The modern abuse of the third-party doctrine is a different topic. Modern usage of the third-party doctrine claims (for instance) that emails sent and received via Gmail are actually Google's property and thus they can serve Google a warrant in order to access anyone's emails. The old-timey equivalent would be that the police could subpoena the post office to get the contents of my (past) letters -- this is something that would've been considered inconceivably illegal a few decades ago, but because of technical details of the design of the internet, we have ended up in this situation. Of course, the fact there are these choke points you can subpoena is very useful to the mass surveillance crowd (which is why these topics get linked -- people forget that many of these mass surveillance programs do have rubber-stamped court orders to claim that there is some legal basis for wiretapping hundreds of millions of people without probable cause).

In addition (in the US) the 5th amendment allows you the right to not be witness against yourself, and this has been found to apply to certain kinds of requests for documents. However, because of the third-party doctrine you cannot exercise those rights because you are not being asked to produce those documents.

floor2 5 hours ago||||
> Am I wrong?

As a naturally curious person, who reads a lot and looks up a lot of things, I've learned to be cautious when talking to regular people.

While considering buying a house I did extensive research about fires. To do my job, I often read about computer security, data exfiltration, hackers and ransomware.

If I watch a WWI documentary, I'll end up reading about mustard gas and trench foot and how to aim artillery afterwards. If I read a sci-fi novel about a lab leak virus, I'll end up researching how real virus safety works and about bioterrorism. If I listen to a podcast about psychedelic-assisted therapy, I'll end up researching how drugs work and how they were discovered.

If I'm ever accused of a crime, of almost any variety or circumstance, I'm sure that prosecutors would be able to find suspicious searches related to it in my history. And then leaked out to the press or mentioned to the jury as just a vague "suspect had searches related to..."

The average juror, or the average person who's just scrolling past a headline, could pretty trivially be convinced that my search history is nefarious for almost any accusation.

IIAOPSW 4 hours ago|||
Notorious hacker floor2 openly published comments online about misusing judicial process and the difficulty of covering his tracks.
mrguyorama 3 hours ago|||
Sometimes you are better off not invoking your right to a jury trial because if there is straight up evidence in your favor, it's easier to get a jury to ignore that for emotional bullshit than a judge.

DAs for bigger departments are likely well equipped, well trained, and well practiced at tugging on the heartstrings of average juries, which are not average people, because jury selection is often a bad system.

wat10000 3 hours ago|||
I think you're right, but the two collide over the question of whether police have the right to be able to access your stuff, or merely the right to try to access it.

In the past, if you put evidence in a safe and refused to open it, the police could crack it, drill it, cut it open, etc. if all else failed.

Modern technology allows wide access to the equivalent of a perfectly impregnable safe. If the police get a warrant for your files, but your files fundamentally cannot be read without your cooperation, what then?

It comes down to three options: accept this possibility and do without the evidence; make it legally required to unlock the files, with a punishment at least as severe as you're facing for the actual crime; or outlaw impregnable safes.

There doesn't seem to be any consensus yet about which approach is correct. We see all three in action in various places.

quuxplusone 15 hours ago|||
Hmm. The Rolling Stone article (and linked press conference) has the police giving a vastly different account of the ChatGPT logs they're complaining about:

> Investigators, he noted, allege that some months prior to the burning of the Pacific Palisades, Rinderknecht had prompted ChatGPT to generate “a dystopian painting showing, in part, a burning forest and a crowd fleeing from it.” A screen at the press conference showed several iterations on such a concept...

Video here, including the ChatGPT "painting" images circa 1m45s: https://xcancel.com/acyn/status/1975956240489652227

(Although, to be clear, it's not like the logs are the only evidence against him; it doesn't even look like parallel construction. So if one assumes "as evidence" usually implies "as sole evidence," I can see how the headline could be seen as sensationalizing/misleading.)

aydyn 14 hours ago||
[flagged]
aYsY4dDQ2NrcNzA 13 hours ago|||
I wonder why he contributed $2 ($1 on two separate occasions). Did $1 get you access to a political blog or something back in 2020?
libraryatnight 13 hours ago|||
He donated to Biden, but had no registered party. Congrats, you're part of the insanity.

I'm sort of grossed out by people trying to blame a party for this in general, though. It's weird.

aydyn 12 hours ago|||
[flagged]
jjcob 11 hours ago||
The only indisputable fact about the Kirk assassin was that he had access to a bad ass rifle and knew how to use it. Like many shooters, he was a gun nut with psychological issues.

You claiming that he was "a leftist" is exactly the tribalism you complain about.

rustystump 11 hours ago|||
As much as i hate it this does prove the other commenters point. They guy was at the very least indisputably not right wing. Leftist? Maybe not too political of a take for me but he was no maganut at the time of the act.
backscratches 5 hours ago||
You mean other than the extreme right wing nick Fuentes mems he wrote on the bullets? Smdh
rustystump 2 hours ago|||
The dude was dating a trans person. The level of cognitive dissonance on display is a wonder to behold. One of the memes was a ref to furry culture another 4chan. Like i said, lefty? Idk, i dont like grouping everyone like that. But maga? Not even.
aydyn 3 hours ago|||
/s or...

You know that was deliberate misinformation and disproven right?

backscratches 3 hours ago||
You're going to have to post some evidence bud. I can't find anyone denying the engravings existed. Nick Fuentes himself pleaded with his followers not to commit any more violence immediately after Kirk was assassinated: "I pray to God that nobody else is hurt as a result of this. I hope that it stops here. It should stop here. To all of my followers: if you take up arms, I disavow you."

https://m.economictimes.com/news/international/us/why-nick-f...

https://www.bbc.com/news/articles/c7v1rle0598o

aydyn 2 hours ago||
Evidence: your very own articles

> While speaking on his show Rumble, Fuentes, told his followers, known as “groypers,” that if they turn to violence in the wake of the killing of Charlie Kirk, he will “disavow” and “disown" them.

Hes saying that they shouldn't "turn to violence in the wake of the killing". Where does that imply that it was one of his followers? Its clearly saying "dont take revenge".

The BBC article:

> At the same time, a number of left-wing social media users have continued to claim that Robinson is a Trump supporter or member of a fringe, far-right group known as "groypers"

They explicitly provide no evidence that the shooter was far right, only mentioning that left-wing social media claims that he is far right -- the very source of the disinformation!

You are falling for straight disinformation, and its not particularly subtle. Its tribalism.

PS: lets be clear, it was disinformation not misinformation - the intent was to lie and deceive.

aydyn 11 hours ago|||
[flagged]
jjcob 11 hours ago|||
For someone complaining about tribalism, it seems odd that you focus so much on which of two political sides we should put a shooter.
379222816227273 10 hours ago|||
[dead]
aydyn 11 hours ago|||
[flagged]
dahart 5 hours ago|||
Tribalism is having a side that you calls yours.
therealpygon 7 hours ago|||
Sure, if you want to ignore the half of the equation of tribalism that you’re exhibiting. Labeling things as NOT one side is ALSO tribalism… like repeatedly trying to point out someone is a “leftist” because they share some ideologies with the left. You are just as much the problem you are attempting to point the finger with.
aydyn 4 hours ago||
Not at all. The context of the thread was the twitter page where tons of people/bots were inaccurately labeling the guy as MAGA. Correcting that is not tribalism because it is truthful. That you see it as tribalism is projection.
netsharc 9 hours ago||||
You are literally doing what you're describing, man! Do you not see that you are also engulfed in tribalism?!

You grasp on to any little shred of factoid (who cares if true or not) to put anyone you don't like as "the other tribe".. "Oh he donated $1 to Biden! Fucking leftist!". "Oh a report says his mom said he's a leftist?! I fucking knew it!".

It's sad. It's even sadder if you can't see it in yourself.

aydyn 4 hours ago||
As I said before, being truthful is a defense against the accusation of tribalism. Because frankly, you dont know me and you dont know my intentions.

Thats not the case when you blatantly lie like those in that twitter thread.

His mom saying he was a leftie is not "a little factoid". Its also far from the only piece of evidence. Please get real.

Bluestrike2 6 hours ago|||
These questions are almost always more complex and nuanced than simply left or right. I agree with you on the second part to a degree—insomuch as the modern media landscape pushes people to quickly label shooters and tends to disincentivize any sort of nuance—but might you be doing the same here?

The charging document[0] said that his mother claimed "that over the last year or so, Robinson had become more political and had started to lean more to the left – becoming more pro-gay and trans-rights oriented." There's also a text message he sent, which said "since trump got into office [my dad] has been pretty diehard maga." That's it. Acquaintances said "he wasn't too fond of Trump or Charlie [Kirk]," but we still haven't seen much that explains the specifics of why beyond the gay and trans rights angle. A former high school classmate said "[w]hen I knew him and his family, they were like diehard Trump" and that he was politically conservative and supported Trump "ahead of the 2020 election."[1]

As for what changed and why, we don't know. Did he stop supporting Trump because of gay and trans rights? Did he still believe in other conservative ideas? Simply labeling him as a leftist implies a cohesive ideology, but ideology is rarely so simple or straightforward even for normal people who don't decide to commit political assassinations.

Beyond that, a lot of even ideologically-motivated shooters have some awfully peculiar and non-cohesive ideologies. If the suspect agrees with 80% of a particular tribe's most common views, but that last 20% consists of some truly batshit ideas that have very little if any support, are they still a member of that tribe? Would that tribe even want them? Would they themselves want to be part of that tribe? Plenty of conservatives who believed fully in the movement's ideas broke with Trump in 2016 solely on the basis of his personal character.

They can also grab onto ideas from other tribes, to the point where investigators wind up crawling through something that's less a cohesive political ideology and more a smorgasbord of ideas they pinned together. I mean, hell, you've got to have a screw or two loose to think a political assassination is going to somehow lessen--let alone stop--anti-gay and/or anti-trans sentiment. Run that idea past pretty much any left-leaning politician, activist, or political junkie, and they'll tell you you're a moron, likely right before giving the FBI a call.

0. https://static.foxnews.com/foxnews.com/content/uploads/2025/...

1. https://www.cnn.com/2025/09/12/us/tyler-robinson-charlie-kir...

aydyn 3 hours ago||
If you dont believe even his mother, theres tons of other evidence. The anti fascism messaging on his bullets. The text messages to his partner saying a Kirk was full of hate.

> I mean, hell, you've got to have a screw or two loose to think a political assassination is going to somehow lessen--let alone stop--anti-gay and/or anti-trans sentiment. Run that idea past pretty much any left-leaning politician, activist, or political junkie, and they'll tell you you're a moron, likely right before giving the FBI a call.

Straight cope and Im pretty sure I dont need to say why.

notmyjob 13 hours ago|||
[flagged]
InsideOutSanta 12 hours ago|||
> A large number of California wildfires have been set by arsonists and arson is a key tactic used by ecoterrorist groups like ELF

This is misleading. Ecoterrorist groups do use arson, but they target cars and buildings, like car dealerships or chain stores, not forests.

If you're engaged in a fight against logging, burning down forests is likely not the first thing on your mind.

Immediately jumping to conclusions and then using that conclusion as a political weapon is part of the insanity. Everything that happens has to be qualified as either beneficial to your political position or detrimental to it, dictating how you respond to it. Everything has to be framed as the fault of your "evil" opponents or as a lie and fake news.

This is extremely detrimental to societal cohesion and to democratic political processes, and I wish people would stop before it's too late.

notmyjob 5 hours ago||
> Ecoterrorist groups do use arson, but they target cars and buildings, like car dealerships or chain stores, not forests.

False. If you know anything about forests you know that before “European colonizers” (not my preferred terminology tbh) wildfire was very common and a tool wielded by indigenous peoples to control overgrowth of the sort that is now common given “intrusion” of housing into forested land which is often a subject of the ecoterrorist’s disdain.

When a major serial arsonist is caught and he explains, “f** you f*** pigs!” a natural response is to pattern match to anarchist or ecoterrorist fringe groups and anti-authoritarian personality types. When the news censors or conspicuously avoids discussion of specific individuals and their motives, preferring an imo more beneficial focus on climate change (a very real and pressing threat) even more pattern matching occurs.

I’m not saying such speculation is useful or accurate, but I don’t think it’s insanity by any stretch.

notmyjob 5 hours ago||
The specific individual I’m talking about, good luck finding through google btw, is Gary Stephen Maynard.
rhcom2 12 hours ago||||
ELF bombed buildings, they didn't set wildfires.
notmyjob 4 hours ago||
Fair enough but given sparse coverage of the backgrounds of many serial arsonists (the ones that got caught, presumably most of them do not) behind recent California wildfires, people notice that for example, Alexandra Souverneva, was an Environmental Studies major and yoga instructor and speculate on her motive.

Much of that speculation is the direct result of the conspicuously sparse reporting about the backgrounds of these arsonists. There was Maynard, the college professor, there was Eric Michael Smith who may have simply been anti-authoritarian bedwetter type. I mean, it’s a huge list but the coverage, perhaps for noble reasons, focuses almost exclusively on climate change which if you understand the science and notice the vast number of arsonists that do get caught seems almost conspiratorial to those prone to conjecture.

fancyswimtime 13 hours ago||||
I see it as simple tribalism
newsclues 11 hours ago||
Tribalism yes, simple no.

There is propaganda and mental health issues making this more complicated

exe34 12 hours ago|||
this is an incredible leap in imagination. I'm constantly impressed by that kind of diversity in thought towards a common goal.

normally it's the other way round - diverse thought leads to many places, but in hating the big bad leftie boogeyman, certain people seem really great at joining the dots.

here's a hint: it's actually written in the stars! don't believe me? take a map of a deep sky survey, and draw dots! you'll find the message you're looking for.

ccppurcell 13 hours ago|||
Ok. But this serves as a reminder not to expect privacy when sending messages back and forth to some software company.
irjustin 13 hours ago||
Nothing new here. Somehow people are surprised evidence against them includes - "my google search" or "my chatgpt logs" or ...
harvey9 7 hours ago|||
Rolling Stone is a general audience publication so it is fair enough for some of their readers to be surprised.
Aerroon 2 hours ago|||
In my opinion, people should be constantly reminded of this.
freejazz 6 hours ago|||
>In reality, Uber records and conflicting statements incriminated him. He seems to be the one who provided the ChatGPT record to try to prove that the fire was unintentional.[1]

Do you think OpenAI wont produce responsive records when it receives a lawful subpoena?

rererereferred 5 hours ago||
In this age I'd assume the NSA already has such records.
freejazz 3 hours ago|||
Not sure what that would have to do with a subpoena to OpenAI
jeffbee 3 hours ago|||
It's better to keep a level head about such things. It's quite obvious that the NSA does not have the facilities to simply intercept and store everything.
mtillman 15 hours ago||
OpenAI also literally announced that they send data to law enforcement after a judge told them they had to do so.
kube-system 14 hours ago|||
Every company must comply with lawful warrants and subpoenas.
trenchpilgrim 14 hours ago||
EDIT: Original parent was "Every company does this."

Not Mullvad. Swedish police showed up looking for some dat, Mullvad didn't even collect what they wanted, police left empty handed.

kube-system 14 hours ago|||
Yes -- even Mullvad -- which is precisely why they do not collect the data. Because if they did have the data, they would have to give it over, or they could go to prison.
dylan604 14 hours ago||
who goes to prison, the whole company? What does Swedish law have of sending corporate employees to prison? Is it something we can import?
kube-system 14 hours ago|||
Typically, courts will summon a specific person to comply with their request, often a corporate officer or director with a role or authority relevant to what is being requested. If they don't comply with their request, they can be held in contempt.

The specifics vary by country, but basically all legal systems require you to comply with what they say and impose penalties if you don't. I don't know if there are any countries where it's legal to ignore the courts, but I would imagine that their court systems don't work too well.

navigate8310 11 hours ago|||
Typically that would require uncovering the veil of the corporation and usually a limited company has safety provisions against these egregious acts.
kube-system 3 hours ago||
Courts, in the US at least, can hold an officer of a corporation personally responsible for violating a subpoena order, if they were in a position to comply with it and chose not to. It's not technically a piercing of the corporate veil (because they are being personally ordered to comply), but it's effectively the same thing.

See Wilson v. United States

https://supreme.justia.com/cases/federal/us/221/361/

freejazz 6 hours ago|||
It is true that one cannot produce the data that one does not collect. I'm not sure that is a revelation.
ChrisMarshallNY 1 hour ago||
It is, with this crowd, where data is currency. I literally have solitaire games, trying to get me to create server accounts, so that the authors can extract PiD from me.

Tech is full of people that make extremely good money, from other people's personal information, and they plug their ears and sing "La-la-laaaa-I-can't-hear-yooouuu-la-la-la", when confronted with information that says what they are doing has problems. Not just techhies. That's fairly basic human nature.

This is pretty much the embodiment of Upton Sinclair's quote: "It is difficult to get a man to understand something, when his salary depends upon his not understanding it."

For my part, I don't collect any data that I don't need; even if it makes it more difficult to do stuff like administer a server.

freejazz 26 minutes ago||
It's only a problem if you don't want to be legally obligated to produce it. Either way, probably paying lawyer time for a response. Not that I disagree with you at all.
ChrisMarshallNY 1 minute ago||
It's also a problem if you actually care about your users, and don't want to expose their data, in ways that could -literally- end up putting their lives in danger.
swyx 15 hours ago|||
they HAD to? didnt Apple refuse to do this exact thing?
rogerrogerr 15 hours ago|||
Apple refused to create new software to allow the FBI to brute force an encrypted device. OpenAI just had this info floating around on hard drives.
protocolture 15 hours ago||
And then 3 or 4 allies of the US passed laws enabling the government to require companies to develop tools or face prison time.

So they probably have developed the tool, and once developed been secretly compelled to use it.

JumpCrisscross 14 hours ago||
> And then 3 or 4 allies of the US passed laws enabling the government to require companies to develop tools or face prison time

My understanding is that Apple’s executives were surprised at the forcefulness of the opposition to their stand together with the meekness of public support.

(Having worked on private legislation, I get it. You work on privacy and like two people call their electeds because most people don’t care about privacy, while those who do are predominantly civically nihilists or lazy.)

lotsofpulp 15 hours ago|||
If you are referring to the incident below, it is different because the government asked Apple to write software to allow access to the device:

https://en.wikipedia.org/wiki/Apple%E2%80%93FBI_encryption_d...

If Apple had simply had the text records, they would have had to comply with the government order to provide them.

elchananHaas 14 hours ago||
And Apple did provide all iCloud data they had available.
nusl 6 hours ago||
Strange. The article says that he made the fire, called first responders, who put the fire out. The fire continued to smolder before reigniting in later winds.

If you cause a problem, report it, then the authorities responsible for dealing with those problems take care of it and go home, what does it mean?

Are the authorities then partially responsible for not ensuring the fire was put out properly before leaving the area?

Is he even guilty at all given that he filled his duty and reported the problem after unintentionally causing it?

pie_flavor 5 hours ago||
This all hinges on the word 'unintentionally', which is not at all how the law sees it. Arson has a forty year maximum for a good reason, because fire tends to spread and cause a lot more damage than anyone predicted. You are not exonerated of responsibility just because emergency services showed up. You are, to a first approximation, responsible for all damage done.
bdowling 5 hours ago||
Arson is also an inherently dangerous felony, which is why when someone dies because of arson, the arsonist can be charged with murder.
javier123454321 4 hours ago||
I'd imagine manslaughter would be more applicable in the situation above.
tialaramex 4 hours ago|||
The requirement for murder is typically: 1) You intended serious harm to a person 2) The person died. So yeah, "I wanted to start a big fire" != "Intent of serious harm". Negligent sure, but that's not enough for Murder.

However many US states have a "felony murder rule" which as I understand it says if you did something that resulted in death, and it was in the course of a felony then it can be tried as murder. Most of them rule out some felonies (felony assault + death => murder is a stupid way to apply such a rule and so is usually ruled out) and some only rule in a handful like rape and prison escapes, but felony arson + death => murder might play.

btilly 3 hours ago||
Not according most states.

The distinction between murder and manslaughter is malice aforethought. For first degree murder, you must have intended the death of a particular person. For second degree murder, you need only have known that you could kill someone, and did it anyways. This specifically includes things done with extreme recklessness.

So to prove second degree murder you need to show 1) you intentionally did something, 2) you knew (or should have known) it could kill someone, and 3) someone died.

These can be proven for arson. You have to prove the intent to start the forest fire. Everyone knows (or should know) that forest fires can kill people. You have to prove that someone died from the fire.

That is why arson qualifies as second degree murder. Just like, say, failing to maintain the brakes on a fleet of trucks. (True story. My nephew was the unlucky driver of such a truck whose brakes failed...)

OkayPhysicist 3 hours ago||
The felony murder rule completely sidesteps this. For felony murder, all the prosecution needs to establish is 1) you committed a listed felony (arson is included) and 2) someone died because of your actions.

The textbook example is running someone over while fleeing the scene of a robbery. You didn't have mens rea for murder, the crime you intended to commit was robbery. But you chose to commit a felony, and someone did die because of it. Not only that, it's potentially capital murder, because it was for financial gain (Newsom put a moratorium on felony murder death sentences, so that's not a thing at the moment).

btilly 3 hours ago||
Many crimes violate the law in multiple ways. Arson can be charged as both a felony murder and a second degree murder.

It is easier to prove the felony murder. Was it on the list of felonies? To prove the second degree murder, you have to demonstrate "extreme recklessness". Prosecutors will often pile up multiple charges like this. To give the jury as many options as possible to convict.

I'm not a lawyer. But in this case the fact that he called emergency services could be evidence against extreme recklessness, and therefore second degree murder. But felony murder still fits.

btilly 3 hours ago|||
The distinction between manslaughter and second degree murder isn't the intent to see someone die, it is the intent to do the possibly lethal thing.
e40 2 hours ago|||
The controlled burn in 1991 turned into the firestorm of 1991 that took out almost 3,000 homes and killed 25.

It seems firefighters are not conservative enough when it comes to putting out fires, at least in these 2 cases.

https://en.wikipedia.org/wiki/Oakland_firestorm_of_1991

zymhan 1 hour ago||
Odd conclusion to draw from only two data points over 30 years apart.
Spivak 4 hours ago|||
To add to this, even the government isn't sure they can get the case that he intentionally / maliciously started the fire to stick which is why their official complaint is going for recklessness / negligence.

The case for malicious intent is extremely flimsy and based entirely on circumstantial evidence. The strongest piece of evidence they have for arson is that he threatened to burn down his sister's house but here's the thing, it would be extremely unusual for an arsonist to switch from targeted arson based on anger or revenge to thrill seeking arson setting unmotivated fires.

ratelimitsteve 4 hours ago|||
>it would be extremely unusual for an arsonist to switch from targeted arson based on anger or revenge to thrill seeking arson setting unmotivated fires

This is all pet theories and silliness for purposes of discussion. I freely admit that I haven't built a case here that's strong enough to withstand even a gentle poking by an opponent.

I don't know as much about arson but I did go through the same serial killer phase as every morose teen and one of the things that stuck with me is the way that some offenders escalate from simple peeping and stalking all the way up to murder. Another thing that stuck with me is how in some cases when there is an intended victim, esp for revenge, an obsessed mind will often hone in on a single characteristic of the intended victim then transfer victimhood to strangers based on that characteristic. The woman who "wronged" you is a skinny blonde who smokes cigarettes so you go out looking for skinny blondes who smoke cigarettes to victimize in her stead because in your unconscious brain that matches the pattern of behavior that would soothe the wounded entitlement of the offender. Given these facts about the nature of obsessive, vengeance-oriented crime and the fact that the serial killer/arsonist crossover is so common that arson is one of the mcdonald triad of behaviors common to serial killers there's a non-zero possibility that we're seeing a revenge fantasy transferred to another victim. There's also the fact that obsessed criminals tend to want to roleplay or practice and a lot of times their first "serious" crime is one of these roleplay/practice sessions getting out of control. This feels like that to me though I can't prove it. It's like he wanted to see what starting a fire would be like, assumed that the local VFD would get it under control and in doing so would also give him an idea of what the response looked like so he could optimize for escape, then either it got out of control or he tried to inject himself into the emergency response (another common thing among obsessed criminals, many like to relive the crime by being part of the investigation, like to tease investigators by being right under their nose or believe that by injecting themselves into the investigation they can steer it away from them).

Again, does any of this hold up in a court of law? Of course not. Does it hold up in a court of a thread on a post on HN? Maybe, we're here to talk and I'm of a mind that we didn't do anything to fix w/e it was that made people serial killers but there aren't really any serial killers anymore so something must have happened to that behavior. Perhaps stranger arson is a way that the same drivers that led to serial murder before the ~~panopticon~~internet are driving new behaviors now. Intuitively I'm highly confident that the stranger spree killings we see now are driven by those same pressures in a lot of perpetrators and the change in MO is about taking advantage of lag time in law enforcement's ability to correlate facts. Before the internet you could drive a few hours' down the road and start using a new name and unless your old name was already in the system there was basically no way for anyone to know. Obsessed criminals could offend, disappear and wait it out. Nowadays we're really good at ID'ing an offender so obsessive murders have to be one and done, but another strategy could be crimes that are small enough that they don't trigger the kind of dragnet response that involves things like checking all the CCTV cameras in a ten mile circle around the crime and things like that.

edit: everyone seems focused on the "serial killer phase" line that was really intended to be a throwaway. I just mean that I read a lot about them and thought it was shocking and cool to have a "favorite". Gross shit, but I assure you no one was ever in any amount of physical or psychic danger beyond declaring me a pizza cutter (all edge and no real point).

iamnothere 4 hours ago|||
> I'm of a mind that we didn't do anything to fix w/e it was that made people serial killers

The end of leaded gasoline may play a significant role. And/or a reduction in other chemical hazards. Violence was already declining pre-panopticon. https://en.wikipedia.org/wiki/Lead%E2%80%93crime_hypothesis

kayodelycaon 4 hours ago||||
> I did go through the same serial killer phase as every morose teen

I had unmedicated bipolar 1 as a teenager. If anyone was going to go through a serial killer phase I would have.

Even as an adult I had some pretty bad episodes prior to being diagnosed early thirties. My brain went some pretty bad, dark places but it never went to serial killer.

I can only hope that you're mistaken on what a serial killer actually is. Mass murderer and spree killing, depraved as they are, have motives that are recognizable by the average person. Serial killer is a special kind of insanity.

fwip 3 hours ago||
I think they meant "interested in serial killers," not "likely to become a serial killer."
kayodelycaon 2 hours ago||
That would make a lot more sense. I was raised on Law and Order: SVU. I don't think I've ever stopped being interested...
kaikai 4 hours ago||||
> I did go through the same serial killer phase as every morose teen

I’m sorry, what? As a former morose teen, I can assure you that a “serial killer phase” is not a universal experience

jlund-molfese 4 hours ago||
That line read weird to me too, but I think GP meant an interest in true crime documentaries.
iamnothere 3 hours ago||
I’m not sure, most of the people I know who like true crime/murder porn are not exactly “morose”. (But I do find their interest unsettling.)

When I was a kid, some teens who were into darker themes (not all but definitely some) had a phase where they were interested in serial killers. It always struck me more as shallow “edgy teen” posturing than anything else. After Columbine this demographic moved on to other interests, as even a performative interest in real-world violence could lead to official harassment.

ratelimitsteve 3 hours ago||
> It always struck me more as shallow “edgy teen” posturing than anything else

Comment OP here: it was exactly this; the safest, most boring possible way to be transgressive. I didn't talk about it as much as other kids who were like this, so I didn't have to stop once people started to actually care/respond, but I did go from keeping my Harold Schechter books on my bookshelf to in a special box in my closet. Merely knowing about these things gave me a little secret thrill like I was some sort of badass with extreme psychic warding able to go into some secret space that most people couldn't stand. In reality I was just desensitized cuz abusive mom and I'm really glad I grew out of it before I got to the part some kids get to where learning isn't enough and they start experimenting.

cindyllm 4 hours ago|||
[dead]
kodt 4 hours ago|||
Isn't lighting any fire in the woods during dry conditions inherently malicious?
stuffn 43 minutes ago||
A hot exhaust could cause a fire in the woods during dry conditions. Would you consider this malicious behavior if you idled your car to take a photo and something smoldered you didn't notice? Negligent perhaps, but malicious?
ratelimitsteve 4 hours ago|||
two things:

1) this whole case hinges on intentionality and the gov't intends to prove that he set the fire intentionally. part of the chatgpt history is images he generated of fires and people running from fires. If he intentionally set a fire in a wildfire-prone area it doesn't matter that he didn't intend it to be a wildfire or anything he did after he set the fire.

2) If you'd like to have emergency services that are either prohibitively expensive or simply nonexistent, one great way to do that is to make first responders responsible for not doing a good enough job in their responses. I'm honestly not sure what we'd do in cases of blatantly neglectful behavior by a first responder during an emergency response, but beyond intentional malpractice we generally extend an assumption of good faith to anyone who bothers to show up and help during an emergency like this. The first time I get sued for not putting a fire out fast enough or completely enough is the last time I put out a fire.

throwmeaway222 4 hours ago|||
I mean everyone sees this stuff differently. In my opinion everyone is allowed to carry a gun (above 18, not crazy, etc..). If you take a loaded gun and aim it at someones head and force them to empty a cash register into a bag, I personally believe that person should NEVER be allowed in society ever again in their lifetime. (Yeah that's not how it all works). But you were willing to let that person be within strands of their life not existing. If they reacted in the wrong way - not even intentionally, the gunman will shoot. If they try to fight back because they didn't agree to empty the cash register, the gunman shoots.

That's an extreme situation that the gunman put someone in. Imagine it being YOU. Now if you could be the LAST person that gunman ever put in that situation, would you allow them to go to jail forever? Because if that's the case, the number of people in that situation ever again goes from millions to a few thousand over the next 1000 years. And many of those people will REACT and die.

So when someone starts a fire, they were like the gunman. They were willing to let a lot of people die. Then realizing they were wrong, calling the cops, and having them put the fire out, that's the same as the situation as going into 7-11 and aiming the gun, but then putting it down and walking out. But they still risked someone else's life! What if they accidentally slipped their finger? Employee DEAD.

So it's really the same thing. All that being said, I do grant that the waters are muddied at this point with the legal system. The person still deserves to be separated from civil society. He is not CIVIL!

And even though the legal system's waters are muddied, his original actions resulted in 12 people dying. The firefighters that were incompetent are not originally responsible for those 12 deaths.

The reason I want maximum punishment is that it works, it does deter. In this legal system of course there's a 50/50 those 12 people will have died without being avenged at all (and their families - all that are affected), and a 90% chance (if he is found responsible) those 12 people will get this guy in jail for 10 years. And because of those chances, people decide, that fuck even if I'm caught, it seems like in the last 10 years there is a VERY low chance of punishment. Punishment is very important in this world and life. I'm not talking about capital punishment.

A lot of people disagree with all of this, I personally think they have suicidal empathy. They have no empathy to the thousands of people that died from other peoples intentional actions - actions those people KNEW they might end up killing. They have too much empathy for the attacker. It's massive victim blaming.

ShrimpHawk 3 hours ago|||
> The reason I want maximum punishment is that it works, it does deter

People disagree with you not of opinion but because you are factually wrong.

"Evidence shows lengthy prison terms do not have a significant deterrent effect on crime" https://ccla.org/criminal-justice/no-longer-prison-sentences...

"Research Shows That Long Prison Sentences Don’t Actually Improve Safety" https://www.vera.org/news/research-shows-that-long-prison-se...

throwmeaway222 2 hours ago||
most of this research is fake you know.

For example this was going around for a long time:

https://www.brennancenter.org/our-work/analysis-opinion/debu...

Then this happened in 2025 when there was a crack-down on crime:

https://counciloncj.org/crime-trends-in-u-s-cities-mid-year-...

Also, 1% of the population is responsible for most of the crime

https://pmc.ncbi.nlm.nih.gov/articles/PMC3969807/

So if you end up jailing people, the crime just goes down.

Also, then if that's true, then cancel all murder prison sentences!

drdaeman 2 hours ago||
I don't understand the argument here. Both can be true, as those two statements don't really conflict:

1. Longer sentences could have no effect on crime rates.

2. Persecuting people for crimes lowers crime rates.

Honestly, to me it reads as "law enforcement is a good idea, prolonged incarceration is questionable".

throwmeaway222 1 hour ago||
I'm too lazy/busy right now to get you effective links (debugging a database migration right now) but Google AI said this:

Reported effects of CECOT on crime

Reduction in crime rates

Since Bukele declared a state of emergency in March 2022 and began mass arrests, El Salvador's crime rates have plummeted.

    Homicide rate decline: The country's homicide rate fell from 103 per 100,000 people in 2015 to just 1.9 per 100,000 in 2024, one of the most drastic reductions in recent history.
    Increased public safety: Many Salvadorans, long subjected to extortion and violence by powerful gangs, report feeling much safer on the streets. 

A large part of Cecot is the idea of "permanent prison". I would say your entire argument is completely debunked.
kayodelycaon 3 hours ago|||
People aren't robots that think through every single decision. Arson happens frequently and nobody dies. Death is a rare consequence and the arsonist didn't intend to kill someone, it feels like an accident, not murder.

This is how humans work. We work on probability and approximation. We often act based the consequences of our intentions, not the consequences of our actions.

Someone that learns the consequences of their actions, regrets the harm they inflicted, and changes their behavior as a result, is not the same danger to society they were before. In fact society would be better off reintegrating them because they'll tell others not to do the same thing.

I'm not exactly sure where to fit this in, but people change. A society that makes vengeance the only rule, where death is punished with death, regardless of a person's intentions, is an authoritarian nightmare.

throwmeaway222 2 hours ago||
You're thinking on an individual level. What happens at a societal level. Crime goes down!

Also, an accident is if a party had fireworks and the fire got out of control. Arson is definitely not an accident if someone dies.

Regarding "people change" argument. I'm not advocating for the death penalty. I'm advocating that we separate non-civil and civil society. If that takes the shape of the next Australia? Sure, then if someone changes, they're not in jail.

I'm also not advocating for someone non-violently stealing bread to be separated from society. Those people can change.

Someone that at one moment of their life decides that someone else's is worthless because they want the contents of a cash register? Remove them from civil society.

criley2 5 hours ago||
[flagged]
jvanderbot 4 hours ago|||
Intent here will matter.

If he's got a gun fetish and accidentally set it off, killing someone, that's different than shooting it at someone.

He might have had a fire fetish, set one, extinguished it, and despite his intent it got out of control.

Hard to say though. Either way, I can see a stiff penalty to prevent future use of the "oops I just like fire" defense.

wat10000 4 hours ago||
That matters in terms of what sort of punishment you're looking at, but I don't think it matters as far as whether the hospital's failures absolve you.

If you accidentally shoot somebody and then the hospital screws up and they die, should you be on the hook for manslaughter, or just negligent injury or whatever it would be called? I'd argue it should be the former. Death is a foreseeable consequence of your negligence even if it wasn't inevitable in this particular case. This seems similar to the eggshell skull rule. Wikipedia describes a case where a person was successfully prosecuted for murder after stabbing someone who then refused a blood transfusion and died as a result.

jvanderbot 2 hours ago||
Oh I see. Yes that makes more sense.
nashashmi 5 hours ago|||
The question to ask is manslaughter or first degree murder.
rafram 14 hours ago||
> But more curious than the allegation that a Florida man was responsible for setting a small brush fire on the other side of the country

As far as I’ve heard from other articles, he lived in the Palisades at the time and worked as an Uber driver there. He moved to Florida after the fire. This is not very well researched.

smt88 13 hours ago|
Rolling Stone has not been a serious publication for quite some time
hannasanarion 15 hours ago||
This title is misleading. The article doesn't say that the chat history will be used as evidence, only that it exists. Whether it can be used in court is an unsettled question, as explained in the last few paragraphs.
nightpool 14 hours ago|
How is it unsettled? If they got a warrant for it, what would prevent them from using it as evidence?
sidewndr46 6 hours ago|||
Judges can refuse to admit anything they want, or give jurors instructions of any kind about how to consider evidence in relation to a crime. About the only thing a judge can't do is fabricate evidence themselves.
beefnugs 14 hours ago|||
Another thread says they tried to use his past "drawing a fire related photo" to try and paint him as some kind of pyromaniac. These clods just cant help themselves but to prove AT THE FIRST CHANCE that they will twist and abuse anything they can get their hands on to paint some kind of picture. Its hilarious that they cant even keep this in their back pockets to wait for a real real bad hard to persecute criminal to use it on either
exe34 12 hours ago||
it's like not speaking to the police - but it's everything you have ever said/asked for in your life outside of talking to yourself in the shower. or at least it's getting there.

a lot of people, especially younger ones, seem to use chatgpt as a neutral third party in every important decision. so it probably has more extensive records on their thoughts than social media ever did. in fact, people often curate their Instagram feeds - but chatgpt has their unfiltered thoughts.

labrador 6 hours ago||
"Sam Altman warns there’s no legal confidentiality when using ChatGPT as a therapist"

https://techcrunch.com/2025/07/25/sam-altman-warns-theres-no...

gundmc 15 hours ago||
Not surprising. Search and browsing history has been used as evidence for some time.
NotPractical 14 hours ago||
Nearly anything that isn't end-to-end encrypted is fair game, assuming there is probable cause. Access to your physical location history (even if you weren't suspected of a crime) wasn't off limits until 2024 [1]. (It still isn't off limits if you are suspected of a crime, but is no longer collected at the scale of "most Android users" [2].)

[1] https://www.eff.org/deeplinks/2024/08/federal-appeals-court-...

[2] https://techcrunch.com/2023/12/16/google-geofence-warrants-l...

kube-system 14 hours ago|||
End-to-end encrypted data is also fair game -- the only difference is that there are simply fewer parties that have the data to give.
vintermann 13 hours ago|||
Chats with chatgpt are end to end encrypted (it's https), but one of the ends is OpenAI.
Sophira 8 hours ago|||
While I understand (and agree with) the general sentiment of what you're saying, you are not correct in saying that this is end-to-end encryption, and HTTPS itself does not guarantee that end-to-end encryption is in use.

In this case, there's an explicit middle point - chatgpt.com resolves to a CloudFlare server, so CloudFlare is actually one of the ends here. It likely acts as a reverse proxy, meaning that it will forward your requests to a different, OpenAI-owned server. This might be over a new HTTPS connection, or it might be over an unencrypted HTTP connection.

It really is super important to emphasize this point. End-to-end encryption is not simply that your data is encrypted between you and the ultimate endpoint. It's that it can't be decrypted along the way - and decrypting your HTTPS requests is something that CloudFlare needs to do in order to work.

(To be clear, I'm not accusing CloudFlare of anything shady here. I'm just saying that people have forgotten what end-to-end encryption really means.)

ProofHouse 5 hours ago||
Great points, of course if you use full strict or flexible SSL you could be ok (safe) from Cloudflare, but no way that is the case here
addaon 8 hours ago|||
Yep. This is why the estimates of compute needed for AI (if it turns out to be useful) are many orders of magnitude too low — the technology isn’t mature until it actually succeeds at tasks, with fully homomorphic encryption from my prompt through the response.
ProofHouse 5 hours ago||
FHE is far too computationally heavy. Won’t be used on ChatGPT for a very long time if ever
godshatter 4 hours ago|||
It still boggles my mind that in this day and age most people use the one search engine that keeps the most copious records of everything that is entered and that ties that to the most information any corporation probably has about any random person. I wouldn't be surprised if everyone moved to using the NSA search engine if they ever came out with one.

Just for general peace of mind, use a privacy-oriented search engine. I use leta.mullvad.net or search.brave.com usually. I haven't used Google in years. And if you just happen to have a curiosity about something fringe that might be misinterpreted in the wrong circumstances, download an LLM and use it locally.

dncornholio 4 hours ago||
Not using Google but instead use a Mullvad or Brave search engine isn't solving any problem. Because if you cannot trust company A, you also shouldn't trust company B.

If you want real and total anonymous search, use a public computer.

xtracto 4 hours ago||
Public wifi on burner phone.
hansonkd 2 hours ago||
Even then some criminals actually log-in to google or other accounts on the burner. :facepalm:
preciousoo 15 hours ago||
Coming into the thread(and general discussion about chatgpt being used as evidence) with this context, I’m confused about the reactions to this. Online activity has been used as evidence as far as I remember. OpenAI also has a couple high profile cases against them with chatgpt history used as the primary evidence
dylan604 14 hours ago||
"This felony charge, he added, carried a mandatory minimum prison sentence of five years in federal prison but is punishable by up to 20 years in prison."

Are the 12 deaths separate charges? A sentence of 5-20 years seems very light for 12 deaths. This article is clearly focused on the AI aspect of it, so it doesn't cover the charges at all really.

evan_ 7 hours ago||
If they get a conviction in this case they will use that to support murder charges. The arson charges are easier to prosecute and try and if he’s convicted it will make the other case simpler.
dawatchusay 13 hours ago|||
Please correct me if I’m wrong but it’s my understanding he didn’t start the fire that burned much of the Palisades; he started a fire that was put out (or at least was claimed to be so) which rekindled later and the rest is history.
pie_flavor 5 hours ago|||
He started a continuous combustion reaction, and Malibu was destroyed by the continuance of that combustion reaction. Whether at some point the orange light it was giving off dimmed a bit is not very interesting. He committed the crime; then emergency services tried to mitigate the damage but failed. These are two fully separate things.
nashashmi 5 hours ago||

  Were not the LA fire occurring in three different locations at the same time?  It could not have been started by the same smoldering ash.
etiennebausson 7 hours ago||||
The fire would not have rekindled had it not been started in the first place.

Liability would still be on him.

irl_zebra 5 hours ago||
This reasoning would lead to such absurd results in real life, and I am thankful no courts of any country or jurisdiction follow this logic.

For those reading: this is the difference between proximate cause and actual cause. Yes it's true that but for the fire being started in the first place, the fire would not have rekindled. But once professional firefighters arrive to put out the fire, it's not foreseeable by a normal person that the fire could be rekindled, so that person wouldn't be liable. The harm is too remote. The firefighters may even be grossly negligent because they are professionals, intervened, and the fire rekindled. A person negligently failing to fully extinguish their own fire would lead to liability, though.

pie_flavor 5 hours ago||
Extremely incorrect. He set the fire and the fire burned down Malibu. The presence of emergency services does not affect whether he set the fire that burned down Malibu. Whether they succeed or fail in their job of limiting the impact of your crime does not affect whether you committed the crime.
parineum 12 hours ago||||
Did he start the fire knowing it could kill people? Did his actions lead to the death of people?

That seems clear cut first degree murder to me, as I understand it (I'm not sure if it requires a specific person to be murdered but a pre-meditated act that kills people seems like it'd qualify to me).

542354234235 6 hours ago|||
It is possible and has precedent. Raymond Lee Oyler was convicted of first-degree murder for starting the Esperanza Fire. Five firefighters died fighting the fire.

>Raymond Lee Oyler, 54, of Beaumont, was sentenced to death for starting the Esparanza Fire in October 2006. He was convicted of five counts of first-degree murder, 19 counts of arson and 16 counts of possessing incendiary devices. https://kesq.com/news/2025/05/05/ca-supreme-court-upholds-de...

https://en.wikipedia.org/wiki/Esperanza_Fire

bilekas 12 hours ago||||
> Did he start the fire knowing it could kill people? Did his actions lead to the death of people?

I think those things are to be decided in court. As for the charges and times, it's mentioned only the ranges for arson but there's nothing to stop them bringing charges of manslaughter for example. They'll build evidence and charge as such. It's the process.

mschuster91 11 hours ago||||
> Did he start the fire knowing it could kill people?

Leaving aside the fact that we don't know yet if he actually started the fire: anyone who starts any fire without appropriate control measures (like extinguishers or containing the fire in something made to contain it) can theoretically be charged under the law for negligence - and practically will, if things go south.

And in a time where there's ample fuel for fires on the ground and the weather conditions are favorable to large fires (e.g. hot, low humidity, clear skies and strong winds) any kind of fire (even smoking - cigarette butts thrown out of car windows are a particularly bad fire source in Croatia) can quickly escalate into a full blown forest fire. Even things that one would not even perceive to be dangerous can cause fires... an all too common occurrence is a diesel car with a freshly regenerated DPF that's being parked on a parking lot that used to be overgrown with weed that's now dried out. The heat from the DPF is massive enough (> 500 °C) to lead to ignition of dried-out weeds (~ 300 °C).

So, it's not a stretch to assume that anyone starting an open fire should know it might escalate into a deadly disaster. And even the reckless cases that I mentioned (smokers, car drivers) can be charged as manslaughter here in Europe.

philwelch 5 hours ago|||
It’s certainly felony murder.
chris_va 11 hours ago|||
(I am not a lawyer)

You may find the "Thin skull rule" interesting for criminal liability

dabinat 13 hours ago||
They are not (yet) charging him with the deaths, only the fire damage.
Baader-Meinhof 15 hours ago||
http://archive.today/K030p
phendrenad2 9 hours ago|
If anyone's wonder if this guy was really the cause of the Palisade's fire: No, probably not. His reportedly erratic and eccentric behavior tells me he's probably not mentally capable of standing trial. Normally the government would just shrug, call it an act of nature, and move on. But for some reason they're going out of their way to pin this fire on someone.
ghtbircshotbe 7 hours ago||
I don't know how they would establish causality (for the major fire and deaths) beyond a reasonable doubt when the fire he set was seemingly put out and the entire region is a tinderbox. Whatever his crimes, he seems like a convenient scapegoat for larger systemic failures.
phendrenad2 1 hour ago||
If I can tin-foil-hat a bit, wouldn't it make sense if ruling the fire an act of arson would be favorable to someone with power, such as the Malibu landowners or the insurance companies? If anyone wants to "cui bono" their way to an article about it I'd be interesting in reading that.
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