I think the data-money analogy isn't unreasonable, but you're overloading "swindle" pretty heavily here, in a way that defeats your point. Companies and people "swindle" others out of money all the time with dark patterns, and this predates computing by ten thousand years. Caveat emptor exists for a reason: the legal system is just too inflexible a tool to cram a person's view of "honesty in business" into.
Defining "making one side of an option an iota more of a hassle than the other" as criminal is broad enough that you're pretty much guaranteed to catch many honest transactors too. The law is a really blunt instrument.