I think the context you're missing is the qualitative differences in the uses of the data. The data in both cases was used to formulate campaign strategy and t

I think the context you're missing is the qualitative differences in the uses of the data. The data in both cases was used to formulate campaign strategy and target ads. This use, by the way, was a blatant violation of the Facebook Developer TOS at the time, which stated essentially that the data obtained could only be used for the purpose of operating that app. Further, Obama's former campaign director has recently said in a series of tweets that they had the entire US social graph, were assisted by Facebook in getting it because Facebook was "on their side," and that their use of that data (in violation of developer TOS) significantly contributed to their victories. How is that not scandalous? So in both cases, they complied with the TOS in the collection of the data (although Obama was given special permission to blow through data collection limits enforced on all other apps). Then, once they had the data, in both cases, they violated the TOS by using that data for purposes other than operating their apps. The only difference between the two is that Obama did it on a much larger scale (about 4X), and he was assisted in violating FB's own policies by FB itself, where Kogan (not CA, who never had an app) was not.