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by nightski 4655 days ago
Well in a private by default world, browsing the internet just became one hell of a lot scarier. Any page you visit could become a felony.
1 comments

Not so, because as others in this thread have stated, the key is intent.
Judging intent doesn't really work at scale. That's why we invented access controls.
Access controls are in place, but they aren't absolute. Hence why intent is key in this case, and why he was found guilty.
Ah wonderful, so now I have to worry about how my intentions might be perceived by the government when visiting a publicly accessible web page.

But the company leaking consumer information to the public without any proper security at all is not punished.

Yes. If you accidentally stumble upon something you shouldn't and don't exploit it or sell it to someone when you know you clearly shouldn't be you will be fine. It is pretty straightforward.

Everyone here keeps purposefully ignoring intent, but in the context of the law this is impossible. So no matter how much you hate it, this isn't something that can be a binary yes/no illegal/legal question based on some computer response to your query.

He didn't exploit it or sell it and he's fucked. We're ignoring intent because a crime has yet to be committed. Intent doesn't matter without a crime. If intent is the only dividing line, you are in favor of thoughtcrime.
And we peer into the mind of a third party how?
There's a fairly large body of law that hinges on the intent of the individual.

http://en.wikipedia.org/wiki/Intention_(criminal_law)