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An infinite loop can do that just as well. Is that illegal now as well?

Intentional infinite loops might be illegal.

Only if the court can prove whether a program halts or not.

Slow clap.

which is possible

I would hope so (if done intentionally and without the user's informed consent). It would be a DoS attack.

It wouldn't happen concealed, this could be similar to a paywall, but you pay with your cpu( read:gpu ) time.

Mobile app ad networks commit all kinds of horrors "in the background."