There are plenty of tools like this where going up to the line is much different than crosing it. There's a vast difference between driving your car to an event and driving the few extra meters into the crowd at an event. You can cut down a tree with a chainsaw or cut down a tree onto your neighbours house.

There's definetly an argument that dangerous tools should be regulated to varying degrees. If we're arguing regulations in this specific area you'd probably also be balancing it with regulations that sites can't close an account for reasonable rate automated access and that public research can have higher rates so long as they're not crippling.