Actually it is illegal at exactly the same level it was before.... ethically it might be more acceptable, but ethics and the law do not always agree.
Not at all. There is a world of difference between someone stealing a slice of pizza and someone stealing 1 Million, especially with regards to how much of a punishment you get.
There's also a world of difference between doing something illegal and causing damage to someone, and doing something illegal without harming anyone. The judges do take this into account.