Personally, I agree with the no pw = no permission required idea. I also believe that will remain the legal standard for public places and for when users are inside their own homes, workplaces, etc.
A man was arrested in Florida last week for using someone's WiFi without permission and the headline made me think this issue might be heading for a showdown, but then it turned out the guy had driven his truck into some other guy's driveway (or something like that) specifically to gain access to the homeowner's network.
If you're sitting in your apartment and latch onto a neighbor's unprotected WiFi, I can't imagine any legal problems would/could ever arise unless your actions went beyond web browsing to something more untoward as far as the host computer/network is concerned. Frankly, I don't know how anyone is supposed to know the difference with the way free WiFi is popping up all over the place, esp. in urban areas.
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