Isn't use of the internet to facilitate crimes commonly cited as a reason for federal prosecution, on the grounds that all internet communications involve interstate commerce?
You claim that packets always cross state lines because sometimes they cross state lines. That's not a logically consistent statement.
> Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything – and the federal Government is no longer one of limited and enumerated powers.