> LLMs functionally can decide to act on their own.

They really can't. In some magical sci-fi future, maybe a chatbot gains freewill and decides on its own to do whatever it wants, but that isn't the reality we live in and I doubt it ever will be. If a person instructs an LLM to hack a bank it doesn't matter if that happens as a background process or while they are sleeping or AFK.

If, in a magical sci-fi future, someone instructs an LLM to write an email and it decides instead to secretly hack a bank then the company that made the LLM would be to blame. The same as if a person used a vending machine to get a candy bar and the machine grew legs and ran out into the street causing an accident that would be the fault of the company who made the vending machine and not the fault of the person who wanted candy.