Why isn't somebody at OpenAI going to prison for cybercrime? If somebody did this the old-fashioned way they'd end up in prison.
Many are claiming this was a deliberate stunt on OpenAI's part to create buzz for its models. I personally doubt this is true. But I also have a deep dislike of OpenAI, so I wouldn't exactly mind if law enforcement investigated this possibility, for the sake of clearing the air :-)
(Ideally there should also be liability if it was a complete accident on OpenAI's part as well!)
This is the equivalent of a security researcher having a virus escape a sandbox. It's negligent, it's not criminal.