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Well according to Facebook, "this is not a bug". Which means the feature works as intended. If he is using Facebook as it is intended, then how can he be breaking the TOS?

When an employee whose job it is to evaluate security issues says "this is not a bug", that determination carries the force of law the same way as if it appeared in the TOS. You cannot rely on people to follow some nebulous "spirit of the TOS" when meanwhile your employees have already made a contrary specific determination for how it applies to this particular bug.

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