Technically we're not trespassing - No one is in this person's yard, we're in our own home. If anything, how about that person trespassing against us, we didn't ask for a signal to be broadcast into our own homes from this person's wap. In fact if a law is needed it should be to acquire some sort of license before operating this type of wireless equipment so that all the necessary safe guards are in place which includes enabling wep and any other security safeguard.

If you want to get technical, I can listen to the radio to my heart's content, why - because I'm receiving a signal that's being broadcast strong enough that my radio can receive it. The radio station is licensed to broadcast that signal out to the public where others can receive it. This person probably doesn't have a license to broadcast his wireless internet signal so technically he should be required to secure his signal so no one else can receive it.

If he doesn't secure his wireless access point and the signal is strong enough that I can make use of it than I'm not doing anything wrong and I'm certainly not trespassing if I'm inside my own home.

I don't think you're analogy works, try again with a better example.

...just my 0.02 cents cdn.