The basic issue here is that computer crime laws are terminally broken.
What would be the punishment had the teenager placed a magazine on his teacher's desk?
This is an identical scenario, but with computers. The 'access' argument is bunk. He could have opened drawers on the desk, he could have photocopied everything in those drawers. But he did not.
The same problems crop up all over. Copyright infringement carrying harsher punishment than actual theft of a physical object, for example.
What would be the punishment had the teenager placed a magazine on his teacher's desk?
This is an identical scenario, but with computers. The 'access' argument is bunk. He could have opened drawers on the desk, he could have photocopied everything in those drawers. But he did not.
The same problems crop up all over. Copyright infringement carrying harsher punishment than actual theft of a physical object, for example.