By the same argument, the context of using the internet is "send packets, receive replies". There aren't any implicit rules like "sending a specific field that is larger than expected (as to overrun a fixed-size buffer) is not allowed".
(FWIW, I agree with you. It is impossible to forcibly break into a computer over the network.)
The internet isn't a game though, so restrictions based on intentions is fair. I think games, especially those which elicit feelings of competition or a strong desire to win, are all about finding the discrepancies between the rules as they are intended and the rules as they are implemented. When you push those boundaries, you get the advanced techniques and high level play which makes competitive gaming so interesting.
> The internet isn't a game though, so restrictions based on intentions is fair.
It is massively unfair to impose criminal liability upon people because they refuse to make assumptions about the intent of a programmer or sysadmin that they have never met or communicated with.
(FWIW, I agree with you. It is impossible to forcibly break into a computer over the network.)