We are boeaderline on this being "travel technology", but I'll let it run because so many of us are getting into 802.11 when we travel.
I'm not a lawyer, but it seems to me the issue lies primarily with the person providing the access. There are many places throughout the world where wireless access is available at no charge. Here is an example:
http://www.newburyopen.net/
It also seems to me that is up to the provider to verify they are not violating any terms of service rules and that they have adequate security for the access point.
Interesting point to ponder. If someone uses a "free" wireless access point and commits and illegal act, can the provider of the access point be held liable?
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Michael Steinberg
Editor
BizTrip
www.biztrip.com