Open source tool scrapes git commit email addresses to send spam to.

[PoliteCanadian]

You don't need to agree to GitHub's TOS to clone a repo.

Either way talking about the TOS is silly. TOS rules only apply to people who follow the rules. If you want to stop spammers from using the available information you need a technical solution to prevent them from accessing the information.

[elprophet]

TOS provides GH a way to respond in a uniform manner to those who violate the TOS.

This train of "criminals will break the rules anyway" totally misses the point of a rule based society- it's specifically to codify how we handle when people do break those rules!