Yeah: I definitely agree with this, and I think it is an endemic problem to discussion of ethics in technology: we tend to focus on "but I could"--which sometimes ignores the law but even when it doesn't tends to then get bogged down arguing the exact boundaries of the law--without instead trying to judge people on whether they "should" (maybe based on the ramifications it has on other people) or "would".

I just think it is also worth noting that, even if we do accept the false dichotomy, I would not be an effective criminal... which seems to continually disappoint some people ;P. (I'm sorry to be such a let down! lol)