I am just wondering about the otherside. If that false AP is bad as suspected, TMHO it is not illegal. If it is than all honeynets would be illegal too. Of course, I am talking here about "normal" countries vs countries like Germany where the simple fact of having a tool like backtrack is illegal.
What about connecting to hotspots without anyone's permission? If it's illegal, wouldn't FON (hxxp://www.fon.com/en/info/whatsFon) be a total failure?
This is the reason why I was not talking about a rogue access point but about an open evil AP
If it is not you, it could well be a clueless user.
To illustrate my point, I will note two things: There are 8 un-encrypted networks within alfa range of my house at the moment. They are always on and rarely if ever have people connect to them. They are all owned by grandparents or older people who only surf when their kids are around. (Edit: I know this because I'm right on top of the local church and do support for all of them).
The other one is a user who brought a WAP in one day, installed it into a network plug and went wireless on their laptop because they were not permitted access to the corporate network. Their SSID was set to "linksys" by default, and no password. It was up to me (as the company sysadmin) to determine, detect and remove said device.
So, it's PROBABLY either a rogue AP (like the second instance) or it's a clueless user. The odds of you getting an evil AP individual with *only* the linksys SSID are phenomenally high - any attacker worth his wifi cards will be going for at least the top 20 to try and catch as many automatic-logons as possible.
My point here is it's either a rogue AP on a company network, and thus not your problem or concern (it is that of the admin's, regardless of how stupid they are), or it is someone who genuinely needs that (because their kids didn't fix it and they don't know). And even if it is an evil ap, it's not your concern because you shouldn't be breaking the law by connecting to it.
So, in the words of so many children of this and prior generations:
"Mind your own business"
Still not underestimating the power...
There is no such thing as bad information - There is truth in the data, so you sift it all, even the crap stuff.