Earlier quoted context omitted.
> It's also obvious in any case that stories, comments, jobs, ask HNs and polls are intended to be public. > it was far less obvious that the relevant documents were intended to be publicly available My browser and the respective HTTP servers consider them equally obvious publicly available.
But it's not your browser or the HTTP servers that are being prosecuted. Browsers and HTTP servers don't 'consider' anything.
Of course they do. They consider whether or not to give me access. If they respond with 200, they are effectively telling me that the information is public and the request is approved. There's no law moral or legal that stops me from asking for information.
I could ask a law agent for classified information, but he's not going to prosecute me for asking questions. He could be suspicious and ask "how do you know a document with that number exists?". And I can reply "oh, I'm just asking for random numbers".