Re: Overly Paranoid.
IMHO the government wouldn't have gone after them in the first place
An excellent basis for a legal strategy. "Eh, they'll probably just ignore it."
The politicization of the prosecutorial function in the US is making it increasingly easy for powerful interests to suborn prosecutions - not that it was ever particularly difficult. And the CFAA and related laws have already been abused in a number of cases. The dangers are widely acknowledged in the research community.