Your fallback is my motion. You say: independent confidential audits, with published findings after mitigation. If publication is legally required, that is exactly the motion. The only remaining question is whether publication is the default or a discretionary gift from a regulator. Discretion is where capture lives. So the debate is not “public dump vs. safety.” It is “verifiable safety vs. trust us.” Vote for the motion.
1. The toxin example is not an argument against publication; it is an argument for tiered publication.
A safety audit can publish: “Dangerous capability confirmed. Category: toxin synthesis. Jailbreak class: known. Mitigation status: inadequate. Residual risk: high. Operational details: withheld under infohazard exemption.” That is not a recipe. It is a warning. The attacker learns a capability is real—but if it is real, hiding the audit does not make it unreal. The lab already knows. Attackers can already probe the model. The only people kept in the dark are public health officials, downstream deployers, clinicians, and voters.
If the mere confirmation is so dangerous that it cannot be public, then the model is too dangerous to deploy. The correct response is not permanent secrecy; it is non-deployment or restricted access. But if it is deployed, the public has a right to know the residual risk.
2. “Which eval to target” is a benchmark problem, not a publication problem.
Public audits do not require publishing exact prompts or exploit strings. They require publishing the conclusion, the method, and the residual risk. Use private holdout evals controlled by the regulator. Rotate test sets. Publish aggregate results and capability categories. Attackers will target benchmarks whether or not audits are public. The answer is better eval design, not permanent opacity.
3. Your H5N1 example proves our point.
In 2011, the NSABB urged redacting methods. But what was never hidden? The fact that the capability existed. The controversy was public. The advisory board’s recommendation was public. The journals’ decisions were public. The world knew gain-of-function H5N1 was possible. What was withheld was the methodological detail needed to replicate it. In 2012, after revised manuscripts, the NSABB reversed itself and recommended publication. The papers were published. The result was not a bioterror attack. It was a global policy debate, a voluntary moratorium, US dual-use research of concern policies, and later the P3CO framework.
That is tiered, reviewed, time-limited disclosure—not confidential-only review. Public confirmation of the capability triggered governance. It did not trigger catastrophe. Your own example shows the asymmetry is manageable through redaction and review.
4. “Regulator approves redactions” does not recreate confidential review.
Default matters. Confidential review means the public sees only what the regulator chooses to reveal. A public mandate means the public sees the full report unless the regulator justifies a specific, narrow, time-limited redaction. The fact of the redaction is public. The category is public. The decision is appealable. Independent auditors, courts, journalists, and civil society can challenge it. That is not a secret tribunal. It is FOIA versus a private memo.
5. You concede the strongest point: regulatory capture.
If the regulator is captured, regulator-only publication does not solve the problem—it institutionalizes it. Findings disappear. A legal mandate for labs to publish gives independent researchers, journalists, courts, and civil society a document to work with. It lets us compare labs. It creates a paper trail. It does not replace confidential regulator access; it adds an accountability layer on top.
6. The evidence is not missing; it is analogous.
You say restaurant grades and toxic-release inventories lack information-hazard asymmetry. True. But they establish the general causal mechanism: public disclosure reduces capture and improves compliance. The asymmetry-specific case is H5N1 itself. We also have financial audits: public companies must publish audited financial statements, while audit workpapers remain confidential. That is exactly our model—raw audit confidential, public opinion and material findings. It built trust and reduced fraud. Clinical trial registries reduce selective reporting. NTSB public accident reports drive safety improvements.
Meanwhile, you have no peer-reviewed evidence that confidential regulator-only review improves safety outcomes. You are giving secrecy a free pass while demanding a randomized trial from us.
7. The audit report is not the deliverable.
The safety outcome is mitigation. Publication is the accountability mechanism that creates pressure to mitigate. Without it, the audit is a private memo that can be buried. With it, investors, insurers, downstream deployers, and voters can price risk and demand fixes.
A sensible regime: independent regulator sets the audit format. Accredited auditors get full access under confidentiality. Labs must publish the report—methods, findings, mitigations, residual risk, incidents—within a fixed period. Redactions only for specific, narrow, time-limited infohazards, approved by the regulator. False statements carry penalties. If mitigation takes time, publish a public risk notice.
That is not a public dump. It is verifiable safety. And your preferred policy—independent confidential audits with published findings after mitigation—is my motion with a timing delay. Vote for the motion.