This article is pointing out that the practice is almost certainly illegal. These data centers are being used for production workloads, not experiments.
In the court of law, you are presumed to be innocent until proven guilty.
You are making the mistake of assuming Meta is already guilty without the outcome. Very unlawful and making decisions without metrics/outcome unlike sane engineers/scientists.
Have I ever mentioned that it's unlawful to think that that someone is guilty?
(Claims that a company is breaking the law are also very much not unlawful.)