Here's the thing...people cannot be allowed to just do whatever they want simply because they want to do it or think the law or TOS is unfair. We have laws and rules that govern society for a reason and if they are broken eggregiously enough the person should go to jail. It is often a tough call in these situations and that is why we have due process of law and jury trials. If a company or government entity is going to all the expense of providing a public website, they should absolutely be able to set their own TOS as long as it does not conflict with existing laws. Repeated or planned effort to purposely break the TOS should be a crimnal offense. It does not matter how you justify what you did it. To think that it is OK to break a law just because you disagree with it is absurd. There are people who truly believe some other person does not deserve to live - does that give them the right to commit murder without prosecution? The US is a Democracy and there are channels for changing laws one disagrees with and ways of rebelling that are more effective than violating a website's TOS or breaching a computer system's security. There is no excuse for purposely by violating a computer system's security or stealing its data for any reason. I am not sure why there is so much fuss over enforcing website TOS. I seriously doubt minor, accidental violations are being prosecuted at all. From what I read, Adam Swartz purposely violated the TOS for JSTOR to make a political point and when one chooses to do that, one must accept the consequences of ones actions. It does not matter that his cause was valid - he had other means to promote that cause legally and even make meaningful change. If he was a Stanford grad who had joined the Harvard Center for Ethics, he had the access to promote change legally. He was by no means a disenfranchised individual and could have made his point another way. Instead, he arrogantly felt that he was entitled to do as he pleased and then apparently was shocked when the US Government said laws applied to him too. If the evidence showed he was innocent, he would have been acquitted at the jury trial or he could have taken the 6 mos plea bargain and got on with his life. Jail is no fun, but if you choose to promote your political opinion through criminal actions, that's where you land. There are many, many activist for causes much more valid than the right to free academic papers (a dubious right actually) that have received lengthy prison sentences. Legalizing marijuana activists immediately come to mind. If you are going to take on the government with unlawful actions, you need to expect to have problems and do jail time. If you don't want that to happen, find a legal and less confrontational approach. A Democracy does not mean that any one person gets their way all the time, instead it means that decisions are made by the majority with all view points considered. Without laws, anarchy would reign and since the only way for laws to be fair is to apply them uniformly, the US Government must prosecute individuals that violate laws regardless of their reasons. Certainly, there should be a difference between accidentally violating a TOS and purposely doing it and the TOS should not conflict with State & US Law, but there is really no excuse in my mind to ever purposely violate a TOS. It's not your website or your data. If you can't follow the TOS, don't use the site! You can always create an altenative site or write a grilling op ed article and promote your opinion, but if you choose to take matters into your own hands and break the law, you should accept the consequences without blaming others.