Don, I am assuming the WiFi user was engaged in a two way exchange with the homeowner's open network. If someone is broadcasting a signal I have no problem with anyone looking at it. Just like I don't have a problem with someone running around naked. It may not be the smartest thing to do, but whatever flips your boat.
If a person parks next to an unsecure WiFi and begins to transmit to that network, they are going from an observer to a participant. They are not authorized to do that.
If one goes from watching a pretty girl flirt with a short skirt, to throwing her on a pinball machine to have their way with her, well they're crossing that line too.
The rape is a ridiculous comparison yet it does illustrate the change from being passive to doing something active which is wrong.
This says nothing of the legality of eavesdropping on the network. I would think an invasion of privacy case could be made similar to the use of a scanner to monitor neighbor's cordless telephone calls. They are all an invasion of privacy.
If a person parks next to an unsecure WiFi and begins to transmit to that network, they are going from an observer to a participant. They are not authorized to do that.
If one goes from watching a pretty girl flirt with a short skirt, to throwing her on a pinball machine to have their way with her, well they're crossing that line too.
The rape is a ridiculous comparison yet it does illustrate the change from being passive to doing something active which is wrong.
This says nothing of the legality of eavesdropping on the network. I would think an invasion of privacy case could be made similar to the use of a scanner to monitor neighbor's cordless telephone calls. They are all an invasion of privacy.