There is an interesting case here with the "Hadopi" law in France, a particularly controversial anti-piracy law. They scan IP addresses for illegal filesharing and if it connects to your ISP, then you get a notification, and potentially get prosecuted for repeated offences.
But they can't prosecute you for sharing that file, they don't know if it is you, someone in your household, a hacker, or that hypothetical rogue AI. Usually, committing crimes require intent, and it is up to the accusation to prove it, meaning it is quite difficult to prove you are actually a pirate.
So instead they prosecute you for not securing your internet connection despite several notifications to do so.
In practice, very few people got convicted, and it never got further than the equivalent of a traffic fine. In the end whole system was an expensive failure, and most of its power was reduced to sending scary emails and sometimes letters, as most of the more serious stuff was deemed unconstitutional.
But they can't prosecute you for sharing that file, they don't know if it is you, someone in your household, a hacker, or that hypothetical rogue AI. Usually, committing crimes require intent, and it is up to the accusation to prove it, meaning it is quite difficult to prove you are actually a pirate.
So instead they prosecute you for not securing your internet connection despite several notifications to do so.
In practice, very few people got convicted, and it never got further than the equivalent of a traffic fine. In the end whole system was an expensive failure, and most of its power was reduced to sending scary emails and sometimes letters, as most of the more serious stuff was deemed unconstitutional.