I don't understand what this comment is trying to say. The words following "the only difference" are not in fact the only difference between breaking a term of service and committing a crime under strict liability. In fact, the opposite is more true. You do not, for instance, simply need to know you're violating a term of service; you have to be doing so in bad faith, with intent to defraud.

I think you need to read the CFAA --- carefully, because clauses that occur early in the statute are refined and clarified later in the statute --- before wading into technical discussions about it.

It's not a particularly difficult law to understand.