This seems like a poor defense choice. In Australia, a number civil rights in Australia automatically disappear if you were in the midst of committing a crime while trying to claim them.

This was ultimately to prevent stuff like burglars falling through skylights, then suing the owner of the house they were burgling in civil court while facing criminal prosecution.

I'd be staggered if it was possible to make a relatively weak "authorization" claim stick, seeing as how the police do have the right to investigate things left "in plain view" which you could argue a web server page which you accidentally sent compromising fuzz data too could fall under.

A court would also have little trouble allowing such a thing, since it's a narrow interpretation that doesn't legalize it for the ordinary citizen (though IMO I think it probably should be).