Control bad applications, not bad AI
All of the cases of "evil AI" given are nothing to do with AI but are simply applying the wrong tool to the problem, mostly[1] down to attaching the LLM to some i/o that it can run rampant with[2].
If I set up an automated tax portal and implemented it by code that just filled your form with Lorem Ipsum and and the Profanisaurus you would rightly say that my service is not fit for purpose and, if I charged you for and posted the forms you could sue. If I use ChatGPT then, again, you can sue. But it is clearly my service that is at fault: neither ChatGPT nor Profanisaurus are correct choices but they are not at fault.
Similarly, I can create any of the other "evil" scenarios without ChatGPT (and probably do it cheaper).
So, legislate against creating *any* stupidly dangerous application; the "AI" part is just theatre for vote grabbing and fear mongering.
BUT OpenAI will never support that, because people will realise that their product is not fit for any purpose and stop using it (after they've been sued enough times, hopefully brfore too much damage is done).
[1] exceptions being the "giving bad advice" situations, such as on mental health; but it is still the wrong tool for the job (or the problem was putting console i,/o on ChatGPT amd letting anyone loose on it).
[2] eg the (apocryphal?) example of letting LLM actually create Facebook accounts