So you’re saying the CFAA should not require any intent to break the law, only the outcome? Are we really saying the Aaron Swartz prosecution was actually correct, after all these years?
No, but surely it's negligent to let an agent run unsupervised and without guardrails for days while at the same time bragging about AI carrying a potential extinction risk?
It might even be grossly negligent to do that.
So we’re back to civil rather than criminal law?
Sometimes negligence is enough for criminal law too. I don't know the details of the CFAA.