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WTF?
This is taking ownership to the extreme. Why should someone be able to use public airwaves to transmit something that is unencrypted yet private?
The crime was “accessing a computer without permission” or words to that effect. The relevant law was written in 1979, when the concept of legitimate “personal” computer use, much less “public” computer use, was almost nonexistent. Virtually all computer use used government, educational, or corporate computers and therefore ought to be “authorized” by someone. Someone accessing a network without permission could *not* be doing so innocently or harmlessly; they must be evil hackers.
It was updated much more recently to include wifi, though. So the standards of computer use in 1979 were deemed relevant for the 21st century. Great.
I guess that’s what happens when the Powers That Be don’t fully understand all of the wires and tubes of the Internets.