Originally posted here by mohaughn
It's real simple. If you don't know whether or not you are authorized to use a network resource, any type of resource, don't use it. It is up to the user to make sure that they are authorized to do something. And if they are not, they are liable for their actions.
Unfortunately, things aren't that simple. Do you have any idea how many networks you're going through to post on Antionline? How about the other web sites or Internet resources you visit every day? Have you been granted explicit access to each and every one, perhaps in writing or in person?

Implied access to countless external network resources is assumed by all of us, every single day. And we assume that due, in large part, to how the networks are configured. In the case of unsecured wireless networks, it can be truthfully argued that 1) by-and-large, the networks advertise themselves as available, 2) the networks are open and available and 3) the networks provide credentials and access when they're requested using open protocols. Furthermore, virtually every wireless access point made comes with the ability to change any and all of these factors.

So no, I don't think things are quite as simple as you indicate, and I'd be very interested in seeing how a judge ruled in a case like this if a vigorous and knowledgable defense were mounted.