“No clear evidence they intended to violate laws.”
But isn’t simply having and using the private server “intent?” Why else would she have it?
It isn’t about intent, it is about negligence.
If I drive down my street at 90 mph and kill a child, all I should get is a speeding ticket because I never intended to kill the child.
If I don’t intend to speed does this mean I won’t get a speeding ticket ?