It's hard to clearly define what constitutes most of the IT crimes. DoS is simply excessive use of a facility. With no clear limit on what is non-excessive use, at what point does the crime begin? If Google uses multiple computers to spider a site, is that DoS?
Whether it’s criminal or not depends on intent. While the technical mechanisms behind a web spider and DDoS script might be similar, Google doesn’t have the necessary
mens rea that a script kiddie controlling a botnet does.
That said, Google could still be criminally liable in some situations, for example, if their web spider had a huge security vulnerability in it (which they were aware of, but didn’t fix for whatever reason) and hackers were using it to perform DDoS attacks (which they were also aware of and did nothing to prevent). In that case it could be inferred that Google has criminal intent, based solely on the fact they knew their facilities were being used to commit a crime and made no efforts to stop it.
Here’s an interesting thought experiment:
Case 1) A 52 year old man is trading thousands of hardcore, explicit images and videos of pre-pubescent children with other pedophiles on the darknet.
Case 2) A 16 year girl in sends a topless picture of *herself* to her 18 year old boyfriend.
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Assume both of these cases take place in a country where it is illegal to distribute sexual photographs of persons under the age of 18.
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These two people have broken the same law. Should the girl be charged? This is why the law shouldn’t be based solely on logic. Emotion, intuition and common sense must add to the equation. Unfortunately this isn’t always the case. (In fact, Case 2 has actually happened multiple times here in the US; these teenagers have had their lives ruined because of overzealous or overreaching prosecutors.)
Edit: Added qualification to my example, because some people don’t understand the purpose of said examples.