There are two separate provisions. The "fraud" provision exempts the mere "use" of the computer or computer time, and therefore would not apply. Its intent was to limit the use of that provision to a scheme to defraud out of more than simply computer time, since ANY access would use computer time, and therefore possibly constitute a felony (rather than a misdemeanor simple unauthorized access). When the statute was originally written, the felony "access to information" provisions applied ONLY to certain classes of information -- credit, banking, national security, etc. It was expanded to mean ANY information. If you look at packets as "information" (and it is hard not to), then a mere access becomes a felony under THAT provision, even though it is not under the fraud provision.

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