Four years probation: how AI abuse cost the Japanese his freedom

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The Tokyo District Court sentenced 25-year-old Ryuki Hayashi for creating a malicious computer virus using generative artificial intelligence. The court found him guilty of making illegal digital tools and sentenced him to three years in prison with a four-year suspended sentence.

In Japan, a suspended sentence is a legal measure in which a convict is not sent to prison immediately. Instead, he gets a chance to avoid punishment if he does not break the law and complies with certain conditions within a set time limit.

This measure is often applied to less serious crimes or first-time convictions. If conditions are violated or a new crime is committed during the period of deferment, the sentence is activated and the convict is sent to prison for the originally assigned term.

The case of Ryuki Hayashi is probably the first time in Japan that the abuse of generative AI has led to a criminal conviction. The investigation found that the man developed the virus in March 2023 at his home in the city of Kawasaki. The virus had similar characteristics to ransomware and posed a serious threat to data security.

To create the virus, Hayashi used the source code of illegal programs obtained through the interactive capabilities of generative AI. In addition, he purchased several SIM cards registered to straw men, which aggravated the circumstances of the case.

Experts note that the situation highlights the growing risks associated with the use of AI for criminal purposes, and calls for increased control over the development of such technologies.

Hayashi's verdict underscores the importance of preventive measures in the field of cybersecurity and tightening legislation governing the use of AI. The development of technologies must be accompanied by responsible control over their use in order to prevent any such cases.

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