Yes. Poor security is not a basis for legal defense for theft.
What was stolen? There are court cases that do not interpret what Burke did as theft. What was downloaded was on a public link that anybody with the URL could access; previous cases have ruled that simply creating a very complicated, complex link that's still publicly accessible is a "speed bump" (their word) and does not make the content any less public. And that downloading/viewing/sharing that content is not theft.
So this is a really unique case where Burke accessed feeds that were set up in a way that other courts have ruled he has a right to because they were public and on the open web. But he seems to have found those feeds by logging into a site using credentials published somewhere on the web.
Hence my analogy of unlocking the door of a house missing three walls. Had he walked around the back of the house, it's pretty clear how courts would rule as there's already case law. And that's what's super weird about this case -- if you put a password in front of a bunch of public URLs, are they less public?
[/QUOTE]You're acting like he typed in a random URL for funsies and it popped up some interesting info. If he obtained login data with the intent to secure information, that's really all there is to it. I don't care about your empty walls analogy, and at this point we are so deep in this analogy the picture I have of this hypothetical building we've created is like something out of a Christopher Nolan film.
[QUOTE=BillyTheCat] Hopefully, we still have a thing in this country call due process. Tim has never been a fan of mine when he was active on this board. I have always respected him, like I do many of you in your field of knowledge. But as of 4/22/2025, Tim Burke is an innocent man who was doing a job, until the process says otherwise, he’s still an innocent man. Some of you all trying the case and you only know the published side of the story.