Shrecknet posted:

I mean in the sense that it satisfies none of the four levels of mens rea required to establish a crime has occurred.

If Colonel Sanders ran down the street yelling what the seven herbs and spices are, and I write down what he is yelling, that is not a corporate espionage invasion into KFC HQ.

If a person could access a piece of data without bypassing any encryption or indeed even a No Trespassing sign, that cannot be considered hacking.

The public has no duty to avert its eyes, in other words