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I'm thinking - if I forbid this in my site's Terms of Service, will DoJ go after Google for CFAA violations like they did to Aaron?

Yeah.. probably depend$ on how loud you can make yourself heard..

RIP Aaron

You can always update your robots.txt or block the Googlebot UA. (lol)

Possibly it is lower traffic than a full on dos?

Yes, in regards to traffic. But it's still denying me from providing a service to real customers.