It's not the person who does the fine-tuning I'm worried about, it's the person who releases the base model who the law also makes liable.
The point is that, because fine-tuning can trivially induce behavior that satisfies the standard for "hazardous capability" in any model, the law effectively makes it illegal to release any covered model.
The point is that, because fine-tuning can trivially induce behavior that satisfies the standard for "hazardous capability" in any model, the law effectively makes it illegal to release any covered model.