> Of course precedent has been set, the government is able to litigate civil infractions into full blown felonies

Swartz "was prosecuted for multiple violations of the Computer Fraud and Abuse Act of 1986 (CFAA)" and wire fraud statute [1]. The CFAA angle specifically rested on a legal theory around escalating terms-of-service violations into felonies. That theory never found precedent because it literally never went to court. As a matter of prosecutorial discretion, it has never been brought up again because it tanked Ortiz's career.

> You're thinking of something unrelated

What do you think I'm thinking of?

> We can totally take these civil crimes and turn them into a variety of felonies

We can. It would mean reviving that legal theory. If it results in a conviction it becomes real legal precedent. That, in turn, means we get more prosecutions like Aaron Swartz's.

> Maybe after a few dozen of them get locked away for 10 years our profession might take ethics seriously

Cutting off the nose to spite the face.

Why not go after them directly with taxes and prosecution under non-harebrained schemes?

[1] https://en.wikipedia.org/wiki/United_States_v._Swartz