I'd like to know how an "intermediary" can authorize access unless the third party (WaPo) knows both parties and can verify that the intermediary has a valid proxy / PoA. That could only mean that the intermediary was a lawyer since that is the only scenario I can think of where the WaPo would assume authority was granted.
If the WP or MD4Bush's intermediary assumed any such thing, they would be wrong. See post 102
It is all the worse if the intermediary was an attorney who should have been aware of the law. Also every forum has rules of access and use. It is common knowledge among users of forums and the attorney, if there was one, should have looked. MD4Bush had to have looked because the rules are on the page to register. Where you click I accept, you agree to observe the rules. If MD4Bush did not pay attention, it is no defense.