Trot out expert witnesses (on web dev). "Sir, have you ever "forgot" the setting?" No, and it's ridculous to think anyone would. "Is it generally know by web devs the dangers and circumvention ability of this setting" Absolutely. etc.
"Here is a transcript of electronic forum detailing how to circumvent access controls and defraud the victim using the exact methods defendant used to access victim's website. A forum the defendent heavily traffics. Often multiple times per day."
Ladies and gentlmen I ask you is it more likely that the defendent, a self professed developer, and expert in these circumvention methods, who reguralry participates on forums discussing hacking and defrauding companies such as the victim. I ask you is it reasonable to believe he "just forgot"?
Lawyers man, Lawyers! Can you not understand that rationality, technicallity don't matter. Lawyering is like statistics/graphs. You can get the data to say whatever you want.
