Yes - the CFAA as a criminal issue requires "mens rea", the intention to commit a crime. Very few laws (such as involuntary manslaughter) have exceptions to this.
If you break someone's shit by accident, they can still sue you, and people should probably sue HP, but you can't try to have a prosecutor bring them to a criminal trial under the CFAA.
No, but it usually makes it civil liability and not criminal liability. For the most part (there are exceptions), you can't accidentally commit a crime.
If you break someone's shit by accident, they can still sue you, and people should probably sue HP, but you can't try to have a prosecutor bring them to a criminal trial under the CFAA.