As you probably know, it's everything that happened after they incremented that HTTP request that formed the basis for his charges. Message board discussions tend to want to distill "hacking" CFAA cases down to the specific shell script that ran, but these cases are almost always heavily situational and fact dependent.

Interestingly, Rockenhaus's isn't --- it's more or less exactly the circumstance foreseen by the authors of CFAA, who believed that even though existing law covered most hacking-type scenarios, they didn't form a clear basis for felony charges for purely destructive computer abuse.