Bingo.

AI decision making is often (if not always...) opaque. But there is a clear decision chain here. Who built it? Who deployed it? Who did (or did not) assess the risks of doing so, even knowing there's often the risk of emergent behavior? etc etc.

"Ah but it does not have personhood" this is just moving goalposts and shifting responsibility. You wouldn't let your 8 year old drive the family car, no matter how good the hypothetical kid might be at driving.