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I read this last night and checked my TOS with AT&T, who's my internet provider at home. Low and behold, I am responsible for securing any network.
I think that an unsecured wireless network could qualify as an attractive nuisance. That concept is why homeowners have to fence their pools with locking gates and contractors have to secure their jobsites at night to keep people out (in part - obviously theft is an issue too). If an univited guest is hurt on your unsecured attractive nuisance, you are potentially liable.
willravel, your advice bothers me and it's so unlike you that I don't think you've thought it through to it's logical conclusion. You've advised the OP to commit fraud and potentially perjury. If there is no unsecured wireless network in place, then telling his ISP that there is can only be a lie. If the provider pursues this, should the OP run out and buy the right equipment? Thanks for the brainy/grammar compliment, but I think that you need to give this a little more thought, especially since this is something that has a greater-than-minimal chance of ending up in court.
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"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin
"There ought to be limits to freedom." - George W. Bush
"We have met the enemy and he is us." - Pogo
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