[edwhitesell]

HTTP _does_ make that distinction, as does just about everything else (off the top of my head, the only thing I could think of that may not was NTP). My point was the client has to request something, that's a search in this context.

> Say Bob tells me to connect to his ftp server and gives me a different IP. I go into my client, type the IP, and hit connect. I have a directory listing of all the filez now. A crime? You've gotta be kidding.

Say Bob gives you the address to his house and says "Open the gate and go in the back yard. My grill is in the corner, you can have it". Unfortunately, you transposed the numbers and took someone else's grill. Is that not trespassing and stealing?

I don't disagree with you that the prosecution in this case probably should not happen, but it's not nearly as simple as making a blanket statement that "Whoops! I connected to the wrong server." is enough to make an act no longer illegal.

As @poorrights commented, a lot of it has to do with intent as well.