“The government contends that Burke broke the law by using “compromised credentials”—credentials the streaming service did not issue to him, and that Fox News would not have wanted him to have. This is roughly analogous to saying that he used keys that weren’t his to unlock a door he wasn’t supposed to open. Burke argues that he can’t be expected to divine who is and isn’t “supposed” to open a door, especially when, as here, someone with a legitimate set of keys left them hanging from the doorknob, and invited any and all curious passers-by to let themselves inside and have a look around. A jury of 12 Floridians will get the privilege of deciding who has the better argument”
https://defector.com/tim-burkes-indictment-is-a-political-choice-disguised-as-a-legal-act