This is a very good point and what people often confuse.
There is a crime of breaking and entering - and thats well defined.
Then there are permissions of: "you can be in my house as long as you dont use the bathrolm and only wear pink socks" - if a person were to wear green socks, you can icik them out, but it does not suddenly become a home invasion
We must not confuse legal authorization (felony for violation) with private or contractual agreements.
Any law that allows private entities to define what actions constitute a felony is bad, and hopefully unconstitutional.
Technical access measures are somewhat like physical locks. Terms of use are more similar to contracts. IANAL so my analogies my be crap.