Given that most cases never go to trial, and the possibility of long prison sentences and large fines are used as threats against individuals, the idea that a jury might find it "reasonable" is small solace to someone facing multiple charges of violating the CFAA, with corresponding jail time and fines. Weev was sentenced to 3.4 years of prison time and a fine of $73,000 for the crime of downloading a sequentially numbered unprotected data set. Though the sentence was later reduced, he still went to prison for a non-zero amount of time.

The prosecutor has a vested interest in making you look like a bad person. Even if there is no evil in your heart, they will dig into your history and find some dirt, then lie and twist your words to make you into some sort of evil hacker, so that the "reasonable" people on your jury, seeing the prosecutor's version of you, is going to think you deserve prison time.