Very generous of you, AA.
You don't need to 'sniff' I assure you. I've driven through town, any town, with my laptop switched on and wireless active but with nothing being used to deliberately seek out networks, then stopped to use it and had any number of networks present in the 'Available networks' list by the time I've done so.
When scrolling down the sometimes lengthy list, which contains anything the machine's seen even if it's now out of range, around 50% of them don't bring up a WEP encryption key box as you highlight them. They may still be inaccessible due to being restricted only to known MAC addresses, but the fact that they're broadcasting their SSID to be seen in the first place would suggest that they're unlikely to have a fairly high level security of security, such as that, in place. I imagine most people's security measures begin with enabling WEP, then disabling SSID broadcast and then restricting MAC addresses last. So, by that assumption if you can see them and they're not asking for a WEP key, the chances are they're wide open.
If all those networks were running loggers of some sort, they'd all have recorded details of my machince, since if it can se their network, their network can see my machine. That fact could suggest I've tried to 'hijack' their network could it not? At least by the same principle as they guy who got prosecuted.
I'm sure I'm quite within my rights to drive around with my laptop, and its wireless functions, switched on if I chose to though.
