I think pretty obviously if the user instructs the computer to hack the bank then they are guilty of hacking the bank, I don't think that's the crux of the issue.

The crux of the issue is what if the LLM decides on its own to hack the bank while the user isn't watching? Is the user then guilty of hacking the bank or not? I think it's pretty obvious that the user in this scenario is at least less culpable of hacking the bank than they would be if they had deliberately instructed it.

LLMs functionally can decide to act on their own. You might say that they're not actually "deciding" anything, because it's just a perfectly mechanical unfolding of chains of tokens triggering actions on the computer, which doesn't count as "deciding". But again I don't think that's the crux of the issue.