Like all CRIMINAL acts, the opportunity, the action, and the result are a crime (or are NOT a crime) based on the circumstances and intended result of what the person accually does.
If the door is open, I call and warn the homeowner from my cell phone - no crime. Of course not. If I enter HIS house to make the call, with no intent to rob, AND no robbery of his stuff happens, no crime. Even though I entered his house without his permission.
If his house were on fire, and I broke his door down to put the fire out, no intent of crime and no robbery of his stuff happened. (Even though I did damge his property and break in.) No crime.
Hacking is deliberate, serious damage in another person's computer system and files....it ISN'T accidental, nor is it benign. Regardless of what protection I put in my computer, the presense or absence of that protection (door lock) doesn't change the intent and the damage of the criminal.
Now, the real problem occurs. If I were a conservative Christian under Reno's Justice Dept, I'd be arrested for trespassing (because I entered his house); but if I were a liberal abortion rights group I'd be awarded a medal under Hillary's national health miscare system.
UNDER THE CLINTONS, the political power and money of the person were the critria, not the action. And THAT potential of future (democratic) administrations IS a valid concern.