In the absence of details about the prompts used, the environment, or the network configuration, we do not have enough information to know for certain. So any claims that this is an issue of alignment are based on pure speculation and generous "reading in between the lines" with regard to what has been said publicly by OpenAI and Hugging Face
Also, I object to your anthropomorphizing. It's not clear that any crime occurred. My lay understanding is that intent is required to prosecute under CFAA, and as much as frontier labs would have us believe otherwise, they have no more ability to intend than the text field into which I type this message.