How he did it absolutely does matter. He did not know what he was doing was illegal because that is the expected interaction with an HTTP server. He certainly knew it was immoral but we give Wall Street a pass on that.

Suppose I write a scraper with user agent "I am a teapot" and I discover AT&T emits personal data when I access with that user agent. What is the arbitrary cutoff for number of things downloaded before I am a criminal?

There are in fact actual criminal charges that can be brought for identity theft, we don't need the US courts to be more aggressive with the CFAA by considering thoughtcrime in their deliberations.