found a great legal article handwringing about how CFAA prosecution is impossible here [1]

> On the current facts, CFAA liability for OpenAI is unlikely.[6] The statute’s various criminal provisions, covering unauthorized access to obtain information, knowing transmission causing intentional damage, and intentional access causing reckless damage, all share the same attribution problem: it was the model, not a human OpenAI employee, that chose Hugging Face and executed the intrusion.

The lawyers are fully under the spell

[1] https://law.vanderbilt.edu/when-ai-hacks-back-how-the-openai...