No, because then the collateral damage is everyone misidentified as a "hacker" because prosecutors don't know the difference between criminal actions and not because the internet is confusing to everyone who hasn't spent the last two decades staring at the underbelly. Also, prosecutors default to "criminal" because their job is to deal with criminals all day (c.f. aaronsw).
It's unreasonable for us to expect the legislature to get this right. Nothing here is criminal.
The criminal justice system deals with fraud in more complicated settings than computer hacking. For instance, it convicted ADM executives for price-fixing lysine. I don't recall anyone being up in arms at the time about how the prosecutors didn't fully understand the lysine industry.
It's unreasonable for us to expect the legislature to get this right. Nothing here is criminal.