It's not essentially the same thing, unless I'm storing your valuables in my house. If you want a scenario, how about this:

You're sitting in your bank's parking lot while you significant other is inside cashing a check. You notice people walking up to the employee entrance and entering without using a key, code, badge, etc. - just opening the door and walking in. Not believing your eyes you get out of your car and walk up and try the door, only to discover it is unlocked. Looking inside you see the bank's vault on the right hand side of the hallway, also standing wide open. Should you be charged with a crime if you report this poor security to the bank manager?

Granted, this is silly because in reality your money is stored electronically and not in the actual vault, but it is far closer to this case than your example. He had an interest in testing this site because it was asking for his data.

I think this US Attorney needs to stop wasting time on cases like this and start cracking down on the spammers, phishers, bot-herders, etc. They don't have good intentions, this guy did.

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Link to this comment: http://www.securityfocus.com/comments/articles/11389/33769#33769