Excellent article, thank you!
You made a great point: "the court looked at motive and intent, not just authorization". And I guess it is the most troubling. As a techie, I'd like to believe that the computer world is ruled by the laws of physics, and a port scan is a port scan is a port scan, no matter who did it and what intent she had. And although the logic of "an intent and a motive" are not foreign to me, this case was unique in a sense of clarity of both. But it does set a precedent for other cases where neither one would be as clear, yet, they will be ruled based on this case. And that is why it is so scary.

PS I think the cat's eaten it anyway...


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