There's still difference between "probing a couple of data points to establish a breach" and "downloading the thing wholesale and spilling it out". The first ca

There's still difference between "probing a couple of data points to establish a breach" and "downloading the thing wholesale and spilling it out". The first can be reasonably argued as legit research - not always successfully, true, there is a lot of overzealous prosecution, but at least there's a case. The second is clearly either premeditated malice or reckless disregard for the harm to others - you'd have no defense for it.