I have a similar understanding that the TOS doesn’t matter in this case and should not be enforceable, therefore making the company liable for civil penalties.

I have a similar understanding that the TOS doesn’t matter in this case and should not be enforceable, therefore making the company liable for civil penalties. But I really think such a reckless action should be tried as a criminal case and individual people within the company need to be held accountable. Not sure if there are any laws or precedent for that though.