This is a double standard plain and simple, and a very dangerous one at that.
Even normal trespassing laws are way too overreaching (see how it is handled in the UK for a saner example) but now you have the amazing possibility of remote trespassing.
The fun part is that it's just a matter of someone hiding something that says you cannot access the site in a place that you have to access the site in order to read -- the ToS. Suing people over this is idiotic.
The real problem is the involvement of Govt, and this kind of absurdity regarding ToS, EULAs and so on, is something that has been going on for decades. If you have the money you can make Govt your personal watch dogs.
If a stranger enters my house without my permission, that's trespassing. But there's nothing unfair about letting in someone who I invite over.
1. Google can come in
2. Other Americans can't come in
3. Chinese people can come in (or anywhere else where US laws don't apply)
It might not be unfair, but it is certainly pointless and arbitrary.
And all smart websites should include a ToS that says you are not allowed to access their data, so they can sue for trespassing anyone that they don't like selectively.
The far reaching of government into this, and also the pirating stuff (which I do not condone but think that arresting people for that is waay too much) is what makes me want for the system to collapse under it's own weight. Like some website suing members of congress for visiting it while violating the ToS in this case.
I also secretly wanted Oracle to win vs Google so that cloning an API was piracy and that would extend to being a crime to purchase pirated goods which would make all clean room reverse engineering a criminal activity. That would lead to anyone that uses a PC without an authentic IBM BIOS (look up Phoenix BIOS) to be arrested, in theory, so even the US president would have to fall into that. It would have been a glorious shitstorm if Oracle won and IBM took that precedent to it's logical implications, the computer world would have failed, and the law would either be made even more arbitrary or be fixed, but at least it would be shown how idiotic the state of affairs was.
your next argument may very well be a very racist one with the very same excuse you used above.