That would explain the charges of extortion, but not identity theft (the conspiracy charges went with the extortion).
The identity theft is listed in the complaint as "did willfully and unlawfully obtain personal identifying information of Jane Doe #1 and used that information for an unlawful purpose to wit, to harass and annoy, without the consent of Jane Doe", about 25 separate counts. It's not quite clear to me what behaviour this covers, but I think it's adding identifying info to the photos - and if just that was illegal, that would be a pretty good change it sounds like.
Correct. Or, at least, it would not have been "as illegal"; you could still fall afoul of specific state laws targeting the practice directly. But (as usual) where you run into real trouble is in monetizing the practice.
It would still have been illegal, but probably not criminal. (I.e., it would have been a tort rather than a crime.) However, in some states, and in many nations, it would still have been a crime.