RE: Open WiFi and the law, etc.

I would expect that it would be very hard to prosecute on this.  Setting up
an open unsecured wifi net, especially by a commercial establishment like a
restaurant, is like saying "Here I am, open to all, use me". And what
constitutes a customer?  Customer today, last week, tomorrow?  If they don't
want people to sit in the parking lot  and use the net it's simple to
password protect.  In the case of the guy that was arrested here in
Washington, IIRC, he was a repeat offender that had been warned and ended up
being arrested when he continued to park in front of the establishment and
use their network.
But. to avoid possible problems (you might win in court with a good lawyer
and $20k in attorney fees) there are plenty of public nets open.  Try the
local library in small towns. Or, if using a coffee shop or restaurant
connection, go in, sit down, buy a sandwich.
Another thing to keep in mind is spoof networks, set up to catch the stealth
user and capture personal information.  Don't know if that is a modern urban
ledgend or that it has actually happened but it sure is possible.