a) Both OpenAI and Anthropic have done far more damage with their jaw-droppingly-sloppy testing of computer-attacking tools than Aaron Swartz did by downloading documents from JSTOR. It's good to see that you and I both agree that there are things for them to be prosecuted for.
b) Is your claim that the cost to thoroughly investigate and clean up after a cyberattack doesn't count as damage? If so, that runs contrary to every relevant claim of damages in a CFAA case that I've seen.