No, that's nowhere in the definition of punishment. A system can be constructed with strongly normative attributes that punish anyone trying to not conform with the norm, without any intentionality behind it.

Not always, see e.g. "punishing heat", i.e. sense 2 here: https://www.merriam-webster.com/dictionary/punishing

I was using that sense, and being hyperbolic with "crime". Cloudflare can cause bad outcomes for browser heterogeneity without any malicious intent whatsoever.