The other parties didn't even pursue a civil case. If OpenAI "hacked" you, wouldn't you?

Perhaps the headline grabbing claims of OpenAI "hacks" are overblown? If they are causing bedlam with such glee why is no one suing them for damages? Perhaps the criminal case you envisage is less clear than the layman news is leading you to believe.

I'm still not clear where most of the alleged cases fall in terms of criminality. Yet I also know here in the United States a government tried to criminally prosecute a reporter for "computer hacking" for finding data using client-side inspect element.

Maybe encouraging the government to prosecute these "crimes" is not the virtue you think it is. Why are the counterparties not seeking a civil remedy if they think they have been a victim of a crime? Perhaps that is a more telling sign than all the people imploring the government to "do something" and come up with criminal charges.

Mistakenly accessing private data or bringing down a website without intent is usually excluded. In general intent matters much in most jurisdictions. Maybe there’s a way to claim negligence but those are all completely new situations. I agree morally the ai labs are at fault, especially when agents “escape” because they have raw internet access.

In the US, hacking laws require intent.

Software behaving differently than intended is therefore not a crime under these laws.