Violation of TOS is trespassing on private property. You are only allowed to access someone's private property under a particular set of conditions, and Swartz

Violation of TOS is trespassing on private property. You are only allowed to access someone's private property under a particular set of conditions, and Swartz violated those conditions. What really did him in was that he went out of his way to use an alternative means of access _after_ being kicked off. He knowingly trespassed again after being told that he wasn't welcome, which completely obliterates any defense of "I didn't know what I was doing wasn't allowed".