But keeping with the analogy, a car manufacturer would be liable for a faulty design that caused wrecks, no? It doesn't need to be willful by the user.
What Amodei's trying to do is outlaw free, open-weight models. That's two distinctions: (1) non-commercial, and (2) abstract, intangible mathematics. Pure speech. Same as Phil Zimmerman and PGP.
Even the EU's draconian open-source regulations (which HN criticizes endlessly) exempt free software which is purely non-commercial.