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I do it and it's not illegal everywhere. If they leave it open I think its fair game. I do not use one on a day to day basis. I have my own network and I close it off to the world. I live in a highly urban area and leaving it open (even just for a short time) would overwhelm it. I do not even leave my SSID on. I would use an open one for e-mail. I would feel bad to download large files etc.
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