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Laws need to be clear about where the line is though. If circumventing rate limiting is illegal then that should be explicit, including the criteria used to determine that a service is in fact rate limited in such a legally binding manner. As it is an API is available but somehow is not considered public (criteria unclear) and thus engaging with it in certain ways (criteria unclear) is out of bounds.

If we want using a service to perpetrate a crime to itself be an additional crime then that should be made explicit. In the (unlikely) event that NSO wasn't actually perpetrating any crimes against the end users then that fact is probably what needs to be fixed.