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by denton-scratch 1774 days ago
El Reg doesn't say in so many words that Hutchinson didn't know he was in a password-protected area (sorry, double-negative).

I mean: I believe that if he knew the material he accessed was behind a password wall, and that the search-result had pierced it, then he would be in violation of the CMA. That is: I think the Act doesn't require any kind of "breaking in" to create an offense; you just have to believe you're not supposed to be there.

IANAL.

1 comments

The BBC article on this (https://www.bbc.co.uk/news/technology-58165478) says:

""" None of the documents had any marking to suggest that they were confidential, nor were they protected by a password, he says.

He believed they were the type of material an organisation like Leathermarket CBS would and should publish.

...

Mr Hutchinson saw no issue downloading what he regarded as public documents, but the CBS disagrees. """