Comparisons with Mitnick
You're confusing the criminal justice system with real justice.
These days you don't have to have harmed anyone or anything to go to jail, especially when it comes to government computer systems. Looking at the wrong things or even looking at the right things in the wrong way is enough. Say "hello" to the DMCA.
Government these days is all about making people afraid and to do that you have to show a threat, so you cast the net wide, make the charges sound fierce and then you can easily convict people who weren't really much of a threat.
Of course there are people who behave unethically and do a lot of damage. Stealing passwords to empty other peoples' bank accounts is a no-no and should be punished. Emptying other people's bank accounts when you have the title "manager" seems to be ok, though.
Icon: don't worry, he's an investment banker...