"Ultimately the question is whether the relatively modest changes made to the 1911 act by the 1949 act fall outside the scope of the 1911 act," said Lord Woolf, sitting with the master of the rolls, Lord Phillips, and Lord Justice May.
On the other hand, access by a third party should be deemed unauthorized when the third party acts outside the scope of the agency.
But NTSB said he had "acted outside the scope of his authority", and he is no longer interning for the organisation.
"In addition to that, because he is not under our power, he acted outside the scope of his employment, and we do not answer for him".
The agency said that "in response to an inquiry from a media outlet, a summer intern acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft".
A shareholder has the right to ask the court to review the board's actions if he or she believes the board acted outside the scope of its authority or in bad faith.
"Earlier today, in response to an inquiry from a media outlet, a summer intern acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft," the NTSB said.
The National Transportation Safety Board has also apologized for its role in the broadcast, saying a summer intern "acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft".
"Earlier today, in response to an inquiry from a media outlet, a summer intern acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft," the NTSB said in a statement.
Lamadrids's mother, Guadalupe Guerrero, is now suing the federal government, alleging that the border agent who shot her son acted "outside the scope of his authority," according to the family's attorney, Richard Gonzalez.
After Bay Area television station KTVU aired a broadcast Friday including four incorrect pilot names -- such as "Captain Sum Ting Wong" and "Wi Tu Lo" -- attributing the information to the NTSB, the agency said in a statement that "a summer intern acted outside the scope of his authority when he erroneously confirmed the names of the flight crew on the aircraft".
