Questions about sharing an unsecured wifi network: a potential debate

Some might debate whether sharing open wireless networks (aka unsecured) with someone totally unknowing of this act is a crime.

Here are two questions that might be asked and debated about.

1 - Some software developers create applications that actually find and locate a wireless network in the vicinity in where a computer is located. Once this wireless network is found, is it a crime to connect to it if it is unsecured?

2 - Wireless signals are merely radio waves, most of which travel at 2.4Ghz. Many people are aware of the term "freedom of the airwaves." Does this mean that using another unsecured wireless network is legal?

...and the debate continues...

Personally, we, at RIOTTech suggest, recommend, and promote the security of a wireless network; both for performance reasons, for anti-hacking, anti-viral, and potentially loss or compromise of the data on the computer network.