I agree with your point about separating the issues.
I also recall (with some vagueness, and with no reference to cite) that Auernheimer may have pondered/vacillated upon what to do with the data, before deciding to take it to a journalist. I don't know whether there is any truth in that.
I'm of torn opinion about Auernheimer. I've had acquaintances and a few friends who deliberately, um... "mess with" "the system", for functional reasons that may be less apparent to many than the "attention" that gets ascribed. OTOH, they tend to draw a pretty sharp (yes, if personally defined) line between the culpable and the innocent (for lack of better terms, and yes in a subjective sense) and to put effort into avoiding harming the latter.
Based upon both your reputation and what you've done for me as well as others (we've emailed briefly once or twice, long ago), I'm inclined to take your point with significance and regard.
At the same time, Auernheimer does seem almost like the perfect... "extreme" counterpoint to the CFAA and its like. On opposite sides, but equal in their obnoxiousness. Almost "made for each other".
I hope he prevails in this case. Putting your customer data at the end of a public URL is the crime, here. And... it fits with my longstanding and poor personal experience with AT&T (à la SBC).
P.S. Given your history, I really hope that my comment and reply are appropriate and not painful.
Best Regards