This is the kind of thing that makes me go ballistic...Certainly intend has everything to do with it!
What drives me nuts is the blind interpretation of laws by petty all hinges on the word 'might'. Someone sick 'might' get hold of the photo...hey stop publishing ANY photo of ANY person or thing...someone sick 'might' use it to do something BAD!
Hey you! Stop photographing that building, a terrorist 'might' use it to help them blow up the building! You must BE a terrorist because you are taking pictures, after all MOST people don't take pictures of buildings, therefore you must be up to no good.

So basically we have gone from the assumption that the majority of people are NOT evil to the assumption that they are evil. How convenient for the government when all it's citizens are makes them much easier to deal with.