I recently read a post here and here by EFF on laws that make it a criminal offense to simply access an e-mail server or to test if personal data of yours kept by a third party can be accessed by others. This lead me to an article referred to in the first one with more detail on some of the cases (that article is here).
With respect to the Internet, the court needs to view ‘authorization’ in the same context as the expectation of privacy. When a person is sitting in their home, they have a certain expectation of privacy. They expect that covert cameras are not capturing pictures or movies of them and their family. They expect that their conversations, movements, and actions are not being recorded. This expectation changes when a person leaves their home. Security cameras can and do record them walking down the street. An audio conversation between them and a store clerk could be recorded by store equipment (currently not likely, but I suspect it would be considered legal). This type of activity is expected and assumed. You can not claim that a store you were in or the city you were in did not seek your permission to record you prior to being recorded. Privacy is not assumed in public.
In my opinion the same is true for systems on the Internet. If an entity places a mail server on the public Internet, then it is reasonable to expect that it will be connected to, both for reasons it was intended and reasons it was not. Expectations that a mail server will only be used by individuals to route e-mail or route e-mail that is ‘authorized’ is not the responsibility of individuals on the Internet. It is the responsibility of the owner of the server to ensure this. I send e-mail all the time, and I have no idea what servers are accepting and routing my e-mail to the appropriate destination (yes, I can figure these things out but that is not the point). If an individual directly routes e-mail to a server that should not accept or route the e-mail, the company needs to configure their servers to not accept this. The company needs to configure their servers and networks so that they are not open to attack.
Similarly with a web server. If someone is accessing a server that contains their personal medical information and they notice the URL in the browser is: https://medicalfiles.medi/userProfile.asp?id=1234. The user then changes the URL to https://medicalfiles.medi/userProfile.asp?id=1235 and suddenly they are viewing someone else’s profile information, that is completely the responsibility of the company that owns of the server. The company chose to put the server on the public Internet. The company chose to develop, purchase, or otherwise use a particular application to allow private user information to be displayed. The company chose a set of methods to secure this information and ensure that only the authorized individuals could access specific information. With these choices comes a responsibility and consequences for not living up to that responsibility.
Just as there is no expectation of privacy in public, there should be no expectation of proper or in-proper authorization for a server on the Internet. It is the owners responsibility to configure their servers and network devices correctly to enforce the authorization they desire and failure to do so is their own fault and responsibility, period.

