Then who gets prosecuted?
(Yes, I'm aware of numerous historical exceptions. Those exceptions are traditionally considered not ideal.)
That’s incorrect.
If there is not a law the prosecutor or plaintiff can point to and say you broke, you can’t be prosecuted.
We wouldn’t need much legal process after a prosecution was initiated if it was impossible to prosecute without a law actually being broken.
Referring to the first link from the page: https://www.abc.net.au/news/2026-08-10/ai-assistant-hacks-gy...