Not a lawyer, but many terms of service prohibit interacting with their website in an automated fashion, as well as collecting their data. In my understanding, scraping a site with these terms already puts you in the wrong.
Ignoring the fact that I didn't agree to anything just by virtue of requesting a page from a webserver (and, your server sent me the data!), that's such a meaningless phrase that it's certainly unenforceable. What is an automated fashion? Do I have to manually craft my HTTP request by hand-pulsing a voltage on an Ethernet cable, or do I have your permission to let Chrome automate that for me?
And the goal of webs craping is not to get illegal data, but to have efficiency and performance by not doing something manually but letting computer do the repetitive tasks. It's a productivity tool. You can't make something illegal just because it's an automation instead of 'manual' operation.
It isn't clear to me that there is. The difference seems to lie in intent.
You could maybe nail a group making many requests without using the data for anything as making many spurious requests and hence having ill-intent, I suppose. Maybe having dedicated servers for such a tasks prove it even more?