Agreed with Fragos. If you have to "crack" the network to gain access.. that is no different than "picking" a lock to get into a home. It's not "theft", but AFAIK, it is still illegal.

Let's look at DRM/DMCA for a second. According to the Fair Use laws.. it SHOULD be legal for you to make a backup copy of any DVD/CD/etc that you own for personal purposes. However, since the *AA industry wants to stop pirating they place on DRM technologies. Now, while it might be legal for you to make a backup of your DVD.. it is *illegal* for you to circumvent or bypass the DRM technology on the disc.. virtually making even playing encrypted DVD's in Linux potentially "illegal". Example.

Now, IANAL of course, but I am pretty sure there are several laws that actually make illegal the mere act of "breaking" the encryption on wireless (or wired) networks. This has nothing to do with "stealing", "theft" or even bandwidth, simply the fact that you are gaining access to something that the owner wishes to remain private, without consent. The reasons are irrelevant.. just like it wouldn't matter if you were freezing to death or starving on the street before you decided to break in to a house and take some food.

You'd still be charged for it. Reasons are, usually, irrelevant in law.

Now.. what I've always been curious is, is it illegal for me to connect to a Neighbor's wifi that is totally *unsecured*?? No WEP, WPA, Nothing.. my computer just automatically connects because - hey, it's there?

Oh.. and count me in on the bandwagon of people that know that a wireless device can be found.

Again - IANAL.. I just like chiming in on random subjects