Can the frontier be paced partly by holding humans responsible for the actions of their software?

My impression is that AI hacking is being treated as a special case where the AI itself is imagined to be responsible and the humans who created it, set it up and then ran it are somehow excused.

I'm not a lawyer but surely the bad actions of AI are covered by existing law.

I suspect that the development of AI would decelerate if those creating and operating it knew they would face appropriate consequences (e.g. prosecution and/or lawsuits) when it misbehaves.

P.S. Strictly, development wouldn't decelerate, but be focused more on safety.

P.P.S. I know that legal action against, e.g., North Koreans using AI would be pointless but/and there must/will surely be a huge demand for security software for protection against the coming storm of AI hacking (deliberate and accidental) which friendly AI companies will presumably work to satisfy, perhaps making the frontier safer.

P.P.P.S. Governments could help by trying to prosecute every crime committed "by" AI, regardless of whether the victim reported it to law enforcement. Did OpenAI break the law via the actions of their model training software? If so, will the people responsible be prosecuted? If not, why not?