Earlier quoted context omitted.
Criminal convictions in the US require a standard of proof that is "beyond a reasonable doubt" and I suspect cases like this would not pass the required mens rea test, as, in their minds at least (and probably a judge's), there was no ill intent to cause a denial of service... and trying to argue otherwise based on any technical reasoning (e.g. "most servers cannot handle this load and they somehow knew it") is IMO u…
There's an angle where criminal intent doesn't matter when it comes to negligence and damages. They have to had known that their scrapers would cause denial of service, unauthorized access, increased costs for operators, etc.
Keep in mind I'm in Germany, the server is in another EU country, and the worst scrapers overseas (in China, USA, and Singapore). Thanks to these LLMs there is no barrier to have the relevant laws be translated in all directions I trust that won't be a problem! :P