"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."
https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A...
EDIT: Considering the huge number of victims systematically targeted on an ongoing basis, perhaps RICO would apply too. Certainly RICO is brought to bear by prosecutors when trying to intimidate less resourced individuals.
https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corru...
The Morris worm infected 2-3 orders of magnitude fewer computers...
Put another way, as dreadful as it is, Superfish was never at risk of partitioning the internet. The harm is restricted to those luckless individuals who purchased a Lenovo laptop in the particular time frame at issue; quite possibly a crime, but not, playing devil's advocate for reluctant prosecutors, a 'something must be seen to be done or I'll be lynched' level crime.
Whatever would happen in that situation should happen here. I would guess prison time would be involved.
Also, the way the law is structured, it's typically easier to get information in a civil suit since defendants have fewer rights.
I found a reference to a case in Utah. http://e-discoveryteam.com/2011/04/10/judge-refers-defendant...