Clearly, a violation of the CFAA has occurred. Now the question is, who should be prosecuted for it? (The answer "nobody" is trivially wrong and should not be considered.)

There's definitely a question of who is responsible for the actions of an LLM. Obviously an algorithm cannot be culpable for what it does, so is it the company that produced it, the human driving it, somebody else? If there can't be human accountability, then these systems shouldn't be given these capabilities.