The judge understood this, but can't convict on a pre-crime. Assuming good faith might seem laughable here, but it does apply. Until there is proof that the gov

The judge understood this, but can't convict on a pre-crime. Assuming good faith might seem laughable here, but it does apply. Until there is proof that the gov't did in fact access anyone else's data (w/o authorization), there is no charge. There is a good analogy somewhere in there about an apartment building. 364 days of the year, the gov't can't go touching the building's master key, but the one day they have an investigation, they get a copy.