There's now precedent that no one reads Terms of Service anyway but yeah, it's still a toss up whether or not you get a hanging judge.

Part of the problem is CFAA violation felony charges for mild violations is the means by which our federal government punishes many whistleblowers who alert the public of embarrassing activities by our officials. And rather than part with this means to drive Aaron Swartz to suicide prosecute enemies of the state they just use the laws sparingly. The US has a lot of laws which are disregarded except when VIPs want to hurt someone or assure nonwhites stay in their place.