How is Facebook not producing malware? I struggle to see how they’re legally different from malvertising: perhaps there’s some vague terms about data or advert

How is Facebook not producing malware? I struggle to see how they’re legally different from malvertising: perhaps there’s some vague terms about data or advertising (which also exists for malvertising! you agreed to the ads!) but at no point was there a “meeting of the minds” in which Facebook was authorized to bypass security mechanisms to exfiltrate data from the system. I don’t see how Facebook’s behavior is anything but classic “hacking”, and a willful abuse of the CFAA. I think it’s time we started addressing gigacriminals[0] like Zuckerberg: we need to stop pandering to people who commit millions of crimes a day, at “web scale”, and just use force. If Facebook doesn’t want to get the memo that wanton criminality isn’t okay, then it’s time to use force to correct the behavior. [0] I use gigacriminal in the technical sense: I believe Mark Zuckerberg, as the leader of an organization, has ordered over 1 billion criminal acts to be commmitted for his profit.