Given Swartz's intent and actions, I mostly don't care about the difference. Someone taking the clean copy of Star Wars (that probably doesn't exist) of Disney's servers and putting that up on the internet for everyone to download is mostly just doing copyright infringement. The computer equivelent of breaking and entering is a sideshow and a means to get to some files and little more (assuming they didn't do much more). The reasons I care about breaking and entering is because what usually follows is stealing and a violation of privacy (or if the case of computers, the latter, as well as the computer being turned against my own interests) neither of which is the case when it comes to what Swartz did. The breaking of the door itself isn't some sinful act, that should be punishable in and of itself.

The law doesn't see it that way, but it is not the ground truth.