We’ve got to get wireless policy right. Harold Feld argues well that we have some wrong-headed notions around trespass and theft when it comes to wireless (wifi) connectivity.
Our wireless signal doesn’t stop at the border of our property. It propagates into our neighbor’s space and into the commons. It can limit their ability to use the spectrum in that space. There is a case to be made for public nuisance, but we’re talking about unlicensed spectrum.
What may escape public awareness is a willingness to share. There are enough people sharing and intending to share content and connectivity that we can’t expect the person gaining access through our network to assume we want it closed to outsiders unless we close it ourselves.
That’s Harold’s point. The burden of securing your network should come before any notion of trespass or theft can apply.