[JakeTheAndroid]

I am also not a lawyer, but I think this sentence is what does it:

> actual commission of a felony cognizable by a court of the United States

Illegal isn't always a cognizable (ie: perceptible; clearly identifiable.) felony by a court. In this case, not only did the two hackers clearly commit a felony, the lack of reporting it lead to the exact same type of breach conducted by the same two individuals against another site Lynda.com.

That suggests they had clear evidence of a felony and knew of intent to commit future felonies. And the two hackers were caught and going through the court stuff now, they even plead guilty. So thats basically a slam dunk on a cognizable felony.