Scanning through windows to find fluffy animals is certainly getting closer to crossing an ethical boundary but it's not strictly illegal.
I also think that moves the analogy too far in the other direction. While it may not be the case that servers are actively "broadcasting" their port open status to all internet users, that's only because it would not be feasible to do so. It is not because port open status is supposed to be private or secret information, like the inside of my bedroom for example.
In fact TCP/IP is designed with the intention that anyone can check the port open status without authentication. It is part of the intended usage of the protocol, so presumably it is safe to assume that anyone using it is probably using it with that intention.
I also think that moves the analogy too far in the other direction. While it may not be the case that servers are actively "broadcasting" their port open status to all internet users, that's only because it would not be feasible to do so. It is not because port open status is supposed to be private or secret information, like the inside of my bedroom for example.
In fact TCP/IP is designed with the intention that anyone can check the port open status without authentication. It is part of the intended usage of the protocol, so presumably it is safe to assume that anyone using it is probably using it with that intention.