"New Jersey Administrative Code § 17:3-6.5 defines willful negligence as:
Deliberate act or deliberate failure to act; or
Such conduct as evidences reckless indifference to safety..."
Now obviously that link refers specifically to injury compensation, but it's pretty easy to see how you would make a case that the actions of these companies constitutes reckless indifference to safety, whether or not they actually intended hacking to occur.
Well when these AI bros are yelling from the top of the hill “hey guys look how dangerous my stuff is” then anything they do from this point forward looks quite full of demonstrable intent.