What did he do that is criminal? I am not certain that he did anything criminal. He definitely did not care about ethical considerations, but I am not certain that there is any legal obligation for him on that particular issue. There would be for me, because of my professional requirements (and thus only when acting in a professional capacity) but for the most part, morality is not legislated, only those actions which often do result from a lack of ethical constraints. It is not the absence that is illegal, it is the action. What actions did "DATA" do that are strictly proscribed in law? Criminal acts typically turn on one of three things: doing what is prohibited by law (malfeasance), not doing what you are obliged to do by law (nonfeasance) , and doing the one or the other in a way that is so inadequate that the efforts do not satisfy the law (misfeasance).
So what did Zucherberg do, exactly, that fits one of those three things? I can't see it. I don't like what happened, and there might be civil recourse possible (violation of contracts, essentially), but I don't see the criminality.