ziggy_567 wrote:Its not apples and oranges.
As with any legal question, if you are unsure of legality its best to not do it until you are sure. As ether3al has pointed out, ignorance of the law is no excuse.
I guess it comes down to whether there should be an indication it is public, or an indication it is private. I believe it should be the AP owner's responsibility to notify it is private. They don't have to be an expert in security, they just have to read the manual. Simple MAC filtering would be enough of an indication that it is private. I'd even count having it open and naming the AP something like DoNOTconnect or PrivateNetwork; similar to a no trespassing sign.