In that case the argument should be about whether or not it should be a criminal offense at all (meaning whether European CEOs should be jailed in the case of malicious actions against their users). The fact it would theoretically extend to people in the US (good luck extraditing them) is IMHO not really an important thing to consider.
Well, that was the example this thread was talking about. You could change the topic and make what we were talking about unimportant, but that seems a bit churlish to phrase it that way : - )