Yep, but even if you can't get them for "use of the system", which was legislatively to avoid having "any instruction you cause to operate on a computer 'uses' the computer, therefore this would otherwise criminalize any use of a computer not explicitly OKed in advance if we don't narrow that scope to commercially significant uses", you'd still be able to get them on a) retrieving any information from the computer system (not limited by value of information retrieved -- see a.2.C ) or b) causing any "damage and loss" to the owner of computer system (and theft-of-service-by-fraud will trivially satisfy that -- see a.5.C).