Even if you take out the LLMs out of the equation, it's at the very least a negligence. Model didn't escape a sandbox, as there was no sandbox.
And the 2 other incidents with OAI/ANT had the same issue, but it's even funnier - sandbox in those cases had a direct access to internet because someone forgot to configure it right.
I've seen very early models do similar things on my machine when they hit some unexpected blocker when trying to access a path. I remember early sonnet opening a file in browser because OS sandbox prevented from accessing it directly.
I've also had models discover a syslog-ng server (that I for some reason had ssh key inside), to get into my unraid server because machine they were running on didn't have direct network connection to Unraid server.
It can't be just me who is aware LLMs have been doing such things for the better part of last 2 years. I probably have better sandboxing on my machines now than trillion dollar companies crying AI will kill us all. That's at the very least, negligence to me.
I do get your point, I just think an overly strict definition can be awkward too. This wasn't as simple as the sandboxes having internet access and writing "pls no internet calls" in the prompt.
And tort law only works when the plaintiff believes it is in their overall interest to sue. If a corporation decides it isn't in their strategic interest to sue a partner corporation, nobody can make them. And even if they do sue, the amount necessary to settle a small cybersecurity incident is likely well within the budget of a megavendor.