It seems pretty fundamental concept in most modern civilizations. Pick pocketing and purse snatching is illegal despite the property being publicly accessible. We do need reliable courts to determine intent.
That's not really the same, though. If a website has content publicly available, that you should "take", how can a bot determine what it means to publish and what it accidentally published?
Yes, how can a bot determine that? Humans make a judgement call and take responsibility. And maybe a judge makes a judgement if it was a crime or a mistake.