[freehunter]

I do agree that we're making the same point, and I wrote my response to you in the mindset that I had poorly communicated my initial conclusion. Your point compliments my own. The difference we may have is that I don't view intent in the highest importance when someone visits a public server. Intent will only get you so far as long as server, configurations, permissions, and other technical aspects are in order. The reason he was able to copy restricted data is because the technical aspects were not in order. That's where the muddiness comes in; you wouldn't need intent to make unauthorized copies in this situation. The Googlebot could have made unauthorized copies. Your browser's cache could make unauthorized copies. Archive.org could have made unauthorized copies. Googling for plaintext and valid credit card numbers might shock you in what Google is finding on public servers.

His intent comes into play only secondarily in my opinion. I might enter a store with intent to steal something, but if a security guard is standing next to me and a camera is watching, I'd walk right back out. The lack of security is what allowed him to complete his intentions of unauthorized copying. It does not absolve him of his crimes, but thinking about the potential for unintentional restricted data access tells me that his crimes sit in line with the failed (non-criminal but out-of-compliance) policies of the host.