something has to leak that's as good or better than gpt3.5 or dalle2 (so, gpt4, dalle3 are included, as are future better models)
US law enforcement gets involved at some level, federal or any other level
people are threatened with law, or some people have been arrested and charged with possession of it, prosecuted or else plead guilty
they shouldn't just be former employees or their direct friends
they have to be people online who tried to get these weights
or, websites shut down in the usual gov't way
Scope
US Law enforcement
By mid 2023
Satisfies it:
Some US gov't agency announces something like "do not download or use X" or takes over websites which hosted a model, or similar.
I won't be super legalistic about jail/prison, charged/not etc. If there is a big kerfuffle about a leak, where some people have it in the wild, and the US gov etc are all going after them, then YES. otherwise NO
it has to be a reasonable belief, with anons, maybe internationally, using it privately and demonstrating it somehow