The legalities of wardriving and wifi access.
This is because the WIFI FAQ is no place to discuss peoples opinions and analogies on the topic.
To start with, here is my opinion:
It's now daytime, I am walking down a different street, it's summer and people have their windows open, up ahead I spot a public bench, I decide that I will sit down and take a rest. It just so happens that one of the nearby houses has music playing, not sure if it's the radio and a CD player, but I like the music and decide to stay a bit longer and listen to it. - Am I breaking the law?
Your argument is hazy because the type of information being broadcast (music) is generally considered to be not confidental. Lets say you changed that situation around and were walking around and happened to overhear someone reading off their credit card number. Listening in and copying down that number would certainly be illegal. Just because something is being broadcast does not mean you have a right to listen in.
But wifi is not a broadcast service. You not only recieve, but also transmit information back to the router (giving it commands). This makes the analogy invalid IMO.
Many people argue that because the wifi is not password protected, that means that it is avaliable for the public to use. Lets compare it to a house:
Lets say you are walking around and notice someone left their front door unlocked to their house. Now their house is unsecure. Does that mean that you can simply walk in and use their POTS (plain old telephone service) phone mounted on their kitchen wall? No. It doesn't matter if the person didn't put in place adaquate security (locking their door), you still aren't allowed to use it. Similarly, you aren't allowed to use internet service that isn't yours even if it is unsecure.
Don't get me wrong, I love wifi and would probably use an open access point. But I can't find any good argument on how doing so is legal :(