The truth is... .gov data is leaking here and there, but, if it's not the access that is punished, then it's the distribution... or knowledge. Which brings us to a VERY sensitive topic of knowledge. And thought crimes. /(o_o)\
I have zero compassion for attempts to push the ball down this spectrum. If you miss configured your server the answer isnt criminalizing more and more stuff. Its fixing your server config and access policy. Your configuration, your problem. There is nobody else to blame once you know its leaking.
While I can understand what you mean, that paves way to a different extremity: basically, "it's your fault your toaster was stolen - you didn't build safe enough house" argument.
What I am trying to assess, though, is the fact that "there's something that is not yours and the owner decides if you can have/copy/ML it". Not the fact that someone did. Or, if did, what would the consequences be.
If you leave it in front of your property next to the trash can without a pricetag then yes it absolutely is. Because people rightfully assume you are giving stuff away. We are not talking about "not safe enough", we are talking about you giving a copy to anyone who wants one. Nothing is stolen, you are handing stuff out and dont bother to check who you give it to.
Trying to skip over the admin to fix this missconfiguration and going straight to the lawyer is the attempt to externalize costs. Which is where the lack of compassion comes in. This is a shitty thing to do.
This is not a lawyer problem, nobody broke in, nobody took anything. You are giving stuff away. Go talk to an admin on how to only give your toaster to the people that you want to give it to.