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Part of the accusation comes from the fact that Swartz accessed the downloads through a MIT network closet, which AI companies wasn't doing. The equivalent to that would be if openai broke into a wiring closet at Disneyland to download Disney movies.

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The CFAA is vague enough to punish unauthorized access to a computer system. I don't have an example case in mind, but people have gotten in trouble for scraping websites before while ignoring e.g. robots.txt

The CFAA might be vague, but the case law on scraping pretty much has been resolved to "it's pretty much legal except in very limited circumstances". It's regrettable that less resourced defendants were harassed before large corporations were able to secure such rulings, but the rulings that allowed scraping occurred before AI companies' scraping was done, so it's unclear why AI companies in particular should be getting flak here.

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