[mindslight]

What he achieved should only be relevant in how it demonstrates intent. Deducing the SSL key could be done as a proof-of-concept, and should only matter if it can be used to show that he was planning on impersonating the site in furtherance of some other crime.

I do concede that the proper analogy isn't something so plainly visible to all as an open window, but it does have to incorporate an external motivating factor to try the door (perhaps a rumor floating around town that they tend to leave it unlocked and oh boy you wouldn't believe what's on the other side..)