[__david__]

Trespassing is not a good example. Let's say your private home is (for some reason) in the middle of some downtown area, where every neighbor is a public shop (IE, the expectation is that everything is welcome to the public). Not only that, it's pretty much indistinguishable from the outside from all the other public shops around it. In this scenario, if you leave your door wide open in the middle of the day then no one would take your cries of trespassing seriously.

So no, I don't think trespassing is necessarily still trespassing, even if you leave the front door open. Like most things in life, it depends on context.

The expectation and the norm of this situation is that data published on public ports is for public consumption. You can't blame someone for accessing data that you put out there in a public manner, even unintentionally.

[gnaritas]

Oh I agree, context matters and courts would certainly take it into account. Police however might not.