I think it's worth reading the linked page more closely: the distinction scheme it describes appears to be designed to handle the exact problem you've identifie

I think it's worth reading the linked page more closely: the distinction scheme it describes appears to be designed to handle the exact problem you've identified. (That's not to say that it's good, or that the FBI will apply it effectively or correctly, only that it isn't as simple as "the FBI believes in the DnD cult conspiracy.")