<i>This test is bonkers for computers, because a "reasonable person" means an "ignorant person". Reasonable people who know how the web works, who have read RFC 2616, believe Weev's actions are clearly authorized. Other reasonable people who know nothing except how to access Facebook with an iPad often believe otherwise -- and it's the iPad users the court relies upon for "reasonable person".</i><p>"Reasonable" people regularly sit in judgment of other specialists' actions. Therefore I think this eventually devolves to a battle of expert witnesses. Which means security researchers should get something analogous to malpractice insurance, because the best witnesses are the most expensive. In the medical malpractice suit for which I was a juror, the difference between expert witnesses was comical.