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Depends on what you mean by "hacking," but generally speaking it just means bypassing digital security. Like how it's still breaking and entering even if you use a key, or even if the door is unlocked. Legally speaking, "hacking" includes accessing something without permission, regardless of how easy it was to access.
It's also why social engineering is considered a form of hacking even though someone might willingly give you access to what was secured.
Correct, even violating TOS can count under the CFAA, meaning you could log into your spouse's social media with their permission, but if that platform says it's against TOS, it's a crime, since you're accessing their equipment in violation of those agreements.
That depends. If they bypassed the Windows logon in any way to get to the data, that can be construed as hacking per the CFAA. Since that data is normally protected by a Windows logon in all legitimate cases, it can be construed as hacking.
Not to mention to purchase of a stolen hard hard drive.
I believe the Computer Fraud and Abuse Act would strongly disagree
It depends on if you're using the movie version or the real definition of the word