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Commercial networks are beginning to pop up. T-Mobile has a paid service of about 2300 sites and McDonald's is supposed to be offering it in certain cities when you buy a meal. I think some Starbucks have it too.
Driving around town and attaching to someone's wireless network isn't illegal - it's a side-effect of how that technology works. Using it for illegitimate purposes is a problem.
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How you do anything is how you do everything.
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