Are there potential legal risk to unauthorized WiFi access?

Everyone knows that you should protect your WiFi and that certain broadband users are bound by their contract to not share their connections, whether or not they have an unsecure access point. What people do not know is the legal complications that can come with accessing an open access point, especially if it falls in line with residential customers that have not secured their WiFi.
This analysis shows the legal complications to show if having an open access point is an invitation or in fact is illegal under the CFAA (Computer Fraud and Abuse Act.

Although prosecutors have tended to use the CFAA solely to punish theft-related acts involving computers, the proliferating use of Wi-Fi could change this, or provoke related activity at the state level or under federal wiretap laws, such as the Electronic Communications Privacy Act.

Schneier points out a great seventeen page analysis by attorney Robert Hale and is available via PDFs.
Schneier < SSRN