Re: Will the right people be punished fairly?
Down vote for equating leaving your doors unlocked with selling door locks that open as soon as you push on them a bit.
Really? As far as I can tell, there would be no substantive difference in mens rea.
You could try to lob a civil case at the ISP arguing duty of care or diligence (if that wasn't excluded by default in the Terms by most ISPs), but as far as I can tell it would not change one iota in the criminal exposure of the hacker.