The difference is the ultimate usefulness and workability of the system. Let's say I spray-paint people's medical records on the sidewalks in the park. It's no

The difference is the ultimate usefulness and workability of the system. Let's say I spray-paint people's medical records on the sidewalks in the park. It's not your responsibility to avoid the park despite anything you may see. A public area by definition carries no expectation of you having to wonder if you were meant to be there. Similarly, if I leave sensitive information all over some publicly accessible URLs it shouldn't be your obligation to avoid those URLs, even gratuitously. As it's not your obligation to plug your ears when your neighbors fight, etc. You are still obliged to not break the law even if supplied with the means. But that means the act of blackmailing is illegal, not the listening. The current application of the current law requires reading the mind of the viewer/listener/requester. That would punish you for picking up my keys from the sidewalk just because you don't play well to the jury. tldr; The proper law would only penalize actual crime, not theoretical crimes.