Why is this not a violation of the CFAA, and why aren't SWEs and directors going to prison over it? As long as I have an EULA or a robots.txt or even a banner

Why is this not a violation of the CFAA, and why aren't SWEs and directors going to prison over it? As long as I have an EULA or a robots.txt or even a banner that forbids this sort of access, shouldn't any computerized access be considered abuse? Something, something, scraping JSTOR?