@figuerres: Intentionally connecting to another party's wireless network without asking permission is definitely NOT proper. I think we can all agree that is best (well most of us).
The real concern is inadvertently doing so. As in the use of devices that automatically follow the strongest signal. I wouldn't want to be fined or do jail time in that situation. There must already be some industry "understanding" in this regard (i.e. this is an area where we can't make technology "just work" for the user). Is that the case? Is every wireless radio designed such that it requires a user to initiate a connection to a specific access point?
Another area of concern ... I don't want grandma going to jail because over the phone her 15 year old grandson told her to "select the one with the most bars" because surely that has to be her router she just plugged up. Poor grandma happened to select the neighbors "open" network and it allowed her to connect. Poor grandma in the hooscow.
Just seems that the "open" network should provide more legal leeway than a secure network.