For 1, crowbars are generally available but knives and guns are heavily regulated in the vast majority of the world, even though both are used for murder as well as legitimate applications.
For 2, things get even more complicated. Eg if my router is hacked and participates in a botnet I am generally not liable, but if I rent out my house and the tenant turns it into a weed farm i am liable.
Liability is placed where it minimises perceived societal cost. Emphasis on perceived.
What is worse for society, limiting information access to millions of people or allowing csam, harrassment and shaming?