If you are suggesting that P(unethical ASI | random ASI created) = ~1, then yes, in that case, I agree, this does not matter.
If however, there is some probability of surviving a randomly created ASI, say 10%, then in this case, there is a difference between setting the administrative limit above
The problem is, we don’t actually know where
Hm, I think we are using in different ways. I think of as an actual physical constant. Unfortunately, we don’t know what it actually is, and determining it may not be possible.
I agree that when we actually know how to create an ethical AGI, things would be quite different.
Update: As in is the minimum possible, no matter what technology is used. This does make it rather hard to determine.