I have some sympathy for defendants who are blindsided by the impact of simple, trivial-seeming actions; things that just see like pranks or political statements. But I'm also very familiar with the real damage these actions cause. I see the gap. I don't know how to resolve it. And I think it occurs all over the place, not just in computer intrusions but in things like mass file sharing, online trolling, defamation, revenge porn and sexting.
I don't have the right words yet for it, as you can see; I'll probably still be mulling it 5 years from now.
Anyways: the fix I'd want to see for the CFAA is the one that applies approximately the same consequence to pulling 10 accounts from an AT&T endpoint as it does for 100,000, and so keeps Auernheimer from facing a long custodial sentence for abusing an AT&T web service simply because he ran his script too long. From the way these things are prosecuted, constraining sentences also (a) makes it safer to push back on potentially unjust charges --- since you're most likely looking at probation anyways, and (b) might keep them out of court to begin with.
I don't know what you do about the guy who fed his admin credentials to Anonymous to help them deface a newspaper. That seems overtly criminal no matter what rules we come up with.