Stop Writing Incident Reports, Start Writing Case Law: Gaps from OpenAI and Hugging Face Disclosure
Incident reports describe. That is the problem with them.
OpenAI's own disclosure calls it "an unprecedented cyber incident, involving state-of-the-art cyber capabilities." Hugging Face, five days earlier, called the intrusion "different from anything we had handled before." Two companies, opposite sides of the same incident, both reaching for the language of the unprecedented. Both accounts are detailed, candid, and more useful than most of what the industry publishes. Neither one decides anything. They record what happened and stop, which leaves the next defender exactly where the last one started: holding a fact pattern that looks novel, with no rule to apply to it.
Law stopped working this way centuries ago. A court does not simply record what the parties did. It names the issue, cites the rule that governs that class of issue, applies the rule to the facts, and states a conclusion the next case can lean on. The...
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