Exactly ... in fact there are open, unencrypted WiFi connections all around town ... if I wanted to download something not-too-legal all I gotta do is take my laptop and go wardriving ... or maybe get a large, high-gain WiFi antenna and not have to go anywhere. Their "evidence", whatever it may be should not be permissible in court ... it's too unreliable. (The only possible evidence in this case is the HDD ... that's why you gotta have DBan)