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...prosecutors argue that users are legally required to secure their network...
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There is no way that will ever stand up. Most people can't even configure their router, which is why ISPs are now sending them out pre-configured. Setting up security is way beyond what most people are capable of.
Within range of my house I can see 15 wifi networks. 3 of them are on WEP and so are easily cracked within minutes, 3 are totally unsecured. The rest are on WPA, but of those 6 are on either Sky or BT using the default WPA keys which are easily discovered. In other words, only 3 of the 15 networks in range of me are secure.
Technology is powerful but also very vulnerable, and it's pretty much impossible for ordinary people to secure themselves. Are you sure your phone can't be hijacked by Bluetooth? Sure your car's electronic key-lock can't be cloned or sniffed? Are your house's door locks bump-proof? Do you even understand those terms?
And, since this is cableforum, even if you don't have wifi you could always point out that your modem could have been cloned and it would be up to DL to show that it wasn't.