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it shouldn't be punishable at all if nothing was done to circumvent security, and the signal starts crossing over into public areas, be it someone else's property (the neighbors), or onto the street. Both encrypted and unencrypted wireless are visible (by default) to anyone snooping. If it just happens to be unprotected, it can just be rightfully assumed the signal is being openly shared, since his signal is openly accessible in MY living room, MY backyard, etc.
Of course, if you use the signal to gain network administration rights to snoop on HIS privacy, or cause malfunction to HIS property, or claim the connection of the cable modem's traffic (that he is paying the services for) to be yours alone, that's a problem.
sharing is caring
there were no traffic logs stating that Mr Bagpipe was doing anything illegal with the connection (child porn, piracy etc), so if anything, the only person who should have gotten punished was the Cafe owner (and by punished, i mean a 20 minute lecture from a computer nerd about the dangers of openly accessible wifi)
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anti-JennyPie Alliance
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