The ToS simply gives SE leverage in certain situations, that's all. CYA. It's the same situation your local police are faced with: "enforce all laws". But the reality is police officers can't possibly "enforce all laws" 100% of the time, they have to pick and choose what's worth their time enforcing. They aren't going to pull you over for not using a blinker unless it's an extremely slow day or maybe they are just having a bad day, but they still have the leverage to charge you with it if they want. Communities are the same way. "Most" people are probably not going to call the cops on their neighbor if they are smoking a joint on their back porch even if it's illegal in the state they live. EVEN IF THEY DID, and I've heard this directly from a local police officer where rec use is not legal, they don't care if someone is smoking a joint on their back porch or in their house - it's not doing direct harm to anyone else.

So yea, you can boil everything down to the binary view that "breaking the law (ToS) is breaking the law (ToS)" but at the end of the day it's people holding other people accountable and we as a community decide which acts are obviously egregious and should be punished, to which acts we let pass because there's little actual harm involved.