I think it's important to hold people responsible for negligence that causes harm to others, even in the tech industry.
Do you want criminal prosecution for actual harm, or for potential harm?
America has this habit of reaching for the biggest gun it has to solve problems, or make a statement.
It always backfires.
Do you only want DUI to be illegal if it results in an accident?
Pray tell, how would it backfire to make sure emergency services are always available ?