I recently spoke at an event where we talked about the crossover of cryptocurrency and the law with a bunch of attorneys present. Many attorneys spoke up during the Q and A to remind everyone that at the end of the day the legality of anything will be decided by either a jury or a judge. It's going to come down to the arguments both sides make, and I think any defense would have a hard time explaining how what they did was legal in the face of the CFAA. Analogies will be drawn to hacking of other systems, banks, etc. How people feel about it culturally will also affect the outcome.

One important distinction to make is that it really is also going to depend on the jurisdiction of those involved. Is the defendant in the US or somewhere else? Who is prosecuting and what are the charges?