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While I disagree the law is wrong, to prosecute people for using unsecure networks, I believe the precedent was set by a court case a couple of years ago.
The analogy by the presecuting solicitor was something along the lines of
'would you expect people to come in your front door if it was left unlocked?'
When the defendant answered 'no' (as most people would) - he sort of lost most of his defence, and was found guilty of the misuse of computers act.
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