the thing is there are 3 different entities at work here.
You have party
A) The copyright holder/aggressor seeking proof that you're a dirty no good.
B) The ISP who uses passwords or circuit ID's for the first device on a private network to authenticate with.
C) The owner of the hardware behind that access point, could be just a computer, could be 15 computers and several access points, could be a fucking WAN for all you know. Who's to say you DON'T have a WEP key on your wireless point and that it wasn't WEPcrack/aircrack'd by a 3rd party anyway?
the point being, it doesn't matter if it's protected or not, ENTITY A does not care. The law makes no distinction there, you think they'll just be like "oh well golly gee, we're sorry someone hacked your WEP key, we'll drop all charges"
anyways, what I'm getting at, is either way, it's up to the owner of the hardware if they want to put a passkey on it or not. You will be just as brutalized and bullied by these big arsehole money grabbing corporations if you dl'd it on purpose, was leeching it via wepcracks, or took advantage of the unsecured access.
Bottom line is, it's a TOS issue, not a law issue.
The ISP can bitch, or even refuse to give you service if you say you don't plan on adhering to thier request to secure your network even a little bit, but in the end, the law has to prosecute the actual person with evidence of wrong doing. So in this case, if you've admitted fault, then it's you, but in a hypothetical situation *which this thread has derailed into* the argument breaks down to this: 2 people came in to your house, one commited an act of piracy (plundered their sweet booty right under your nose) to the other, and left the building, now the cops are going to charge you for not locking your front door? is this a simple analogy? are homeowners required to keep the front door locked?
same premise.
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