>Huh? These are machines, built by their human builders. The humans are responsible.

i'm referring to the concept of intent, which at least when prosecuting under the US computer fraud and abuse act, is a critical component.

for example, creating a program that intentionally takes down a website is different than creating a program that has a bug which inadvertently takes down a website. in both cases, the person writing the code is responsible, but the consequences are different.