> public data that EVERYONE can see
The entire concept of law is based on the premise that not everything that is physically possible should be permitted.
The entire concept of law is based on the premise that not everything that is physically possible should be permitted.
Yeah nah, that's where the concept of agreements comes in. You walk up to Fes Boock and say:
― I want to have business with Fes Boock.
― Fes Boock will have business with you if you promise to not stab Fes Boock in the back.
― I give my word to not stab Fes Boock in the back.
Turns out, this thing is so valuable, it's supported by law everywhere that I know of, in multiple forms, including rather implicit ones such as “ToS.” Which is what allows Fes to sue the stabbing bastard.
Since a web server, by its primary mode of operation, does indeed more or less indiscriminately send replies to whomever makes a request, it follows that the duty of choice lies with the client. The person operating the client has to apply their reason and follow the inter-party conduct.
Sorry, why isn't it the duty of choice the server owner, who chooses to put the server online in the first place? What exactly are these rules you think exist? This is the first time I've ever heard of them.
> Since a web server, by its primary mode of operation, does indeed more or less indiscriminately send replies to whomever makes a request,
This is completely false. The server owner can authenticate GET requests and return an unauthorized response if the client is not permitted to access the document. We are not talking about a situation where a hacker attempts to brute force a password or gain unauthorized access to a server. If the server is on the internet serving anonymous GET requests with no authentication the reasonable assumption is that anyone is permitted to access the data.
It appears that the rest of the web gets by pretty well using the legal framework I've described. Because, you know, they tend to choose things to be pragmatical instead of those that “can be done.”
A better real world analogy is a bulletin board on campus or a wooden power pole.
Lets suppose that it is super common that people staple flyers to power poles, with the expectation that people will read them as they pass by. Your analogy would claim that if I staple a letter to the power pole, expecting that only my friend that I told about the letter should read it, that passers-by are doing something unseemly by reading it, while being surrounded by want ads and for sale flyers that people do want read.
Websites are nothing like mailboxes. The vast majority of websites would prefer that as many people as possible read their contents as much as possible. Email would be a better analogy.
This is not the case for HTTP. A network protocol is an agreement about the meaning of certain clusters of bytes sent over a network. When someone operates an HTTP server, a reasonable person could conclude that they take HTTP messages to mean what HTTP says they mean. A lot of cases get more interesting because there is also something generally understood to mean, "Please don't access the following resources by automated scraping, independently of whether my server decides to grant those requests."