Japanese man convicted of creating malware using generative AI

A Japanese court has convicted a man for creating malware using generative conversational artificial intelligence.

The Tokyo District Court sentenced Ryuki Hayashi, 25, to three years imprisonment, suspended for four years, for producing code that could be used as ransomware in March 2023.

His case is believed to be the first time authorities took action against a person for creating a virus using generative AI.

Generative AI is usually restricted from answering prompts that could facilitate criminal activity. However, by repeatedly rephrasing his prompts, Hayashi managed to create the code over a span of six hours, he told Kyodo News in an interview at a detention center.

In handing down the ruling, Judge Takashi Kawase said Hayashi's motive for earning easy money was "selfish" and left "no room for leniency."

Hayashi also impersonated another person and swindled a SIM card after being recruited for yami baito, literally meaning "dark part-time work," according to the ruling.

But the judge deemed a suspended sentence as appropriate, considering Hayashi had admitted to the crime and showed remorse.

© KYODO