Note also that the offence is framed in terms of intention to gain or cause loss. Even if no material gain or loss happens, the intention is what matters. (The equivalent mental element for theft in England is that one dishonestly intends to permanently deprive someone of the property being taken.)
https://www.legislation.gov.uk/ukpga/2006/35
This applies to online ad 'click fraud' in both ways—if a publisher fraudulently clicks on adverts to make money, that'd potentially be fraud to make a gain for themselves. If a competitor clicks on adverts to get their competitor to lose money on pay-per-click, that'd potentially be fraud to cause a loss to another.
I can't speak for jurisdictions other than England and Wales but I'd be surprised if a fair number of other jurisdictions didn't also define fraud in a way that covers both gain and loss scenarios.
I don’t think AdNauseum users would be prosecuted, but you’re still wrong.
source - https://en.wikipedia.org/wiki/Fraud
Spoiler alert, it doesn’t involve your intentions or money.
https://en.m.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
The companies spying on me should be the first in line to be tried under CFAA