The fellow charged in January with unauthorized computer access pleaded guilty: He'll pay $250 and have a year of court supervision. Police spotted David Kauchak using a laptop to access the Internet via a nearby nonprofit. The article says via their computer, and that's possible, although strange. He was arrested in the "wee hours" to use the article's phrase, while parked in a car. I suspect the police took an interest because of other factors. The state attorney who headed the office proffering charges asserted that "our residents need to know that it is a crime, punishable by up to a year in jail, to access someone else’s computer, wireless system or Internet connection without that person's approval." [link via TechDirt and Jim Sullivan]
Then if this is the case that it's illegal to use someones wireless network and their internet service through it how are the "war drivers" supposed to know if a network is ok to use or not when the network is wide open and SSID is being broadcasted? Many open networks are intentionally left open for people to freely use them. So how are you supposed to tell the difference between the free open AP at the cafe from the wide open AP that Joe Bob is running in his home next to the cafe?
Bad judgement in this case.