Not implausible, but... uninteresting. It's like saying, if you shoot someone wearing a bulletproof vest, and the vest is able to absorb the impact and prevent serious injury, the law considers that one thing; but if the shot is too powerful for the vest and kills the person, the law considers that another; therefore the law depends on the state of armor/weapons technology. Sure, it does depend on it, but only indirectly insofar as it affects the outcome the law really cares about. In my hypothetical, that's whether you caused someone to be hurt or killed; in yours, it's whether you caused someone unauthorized to read the data to be capable of reading it.