“The Problem with Defining an ‘AGI Ban’ by Outcome (a lawyer’s take).” by Katalina Hernandez

TL;DR Most “AGI ban” proposals define AGI by outcome: whatever potentially leads to human extinction. That's legally insufficient: regulation has to act before harm occurs, not after. Strict liability is essential. High-stakes domains (health & safety, product liability, export controls) already impose liability for risky precursor states, not outcomes or intent. AGI regulation must do the same. Fuzzy definitions won’t work here. Courts can tolerate ambiguity in ordinary crimes because errors aren’t civilisation-ending and penalties bite. An AGI ban will likely follow the EU AI Act model (civil fines, ex post enforcement), which companies can Goodhart around. We cannot afford an “80% avoided” ban. Define crisp thresholds. Nuclear treaties succeeded by banning concrete precursors (zero-yield tests, 8kg plutonium, 25kg HEU, 500kg/300km delivery systems), not by banning “extinction-risk weapons.” AGI bans need analogous thresholds: capabilities like autonomous replication, scalable resource acquisition, and systematic deception. Bring lawyers in. If this [...] ---Outline:(00:12) TL;DR(02:07) Why outcome-based AGI bans proposals don't work(03:52) The luxury of defining the thing ex post(05:43) Actually defining the thing we want to ban(08:06) Credible bans depend on bright lines(08:44) Learning from nuclear treatiesThe original text contained 2 footnotes which were omitted from this narration. --- First published: September 20th, 2025 Source: https://www.lesswrong.com/posts/agBMC6BfCbQ29qABF/the-problem-with-defining-an-agi-ban-by-outcome-a-lawyer-s --- Narrated by TYPE III AUDIO.