
Android accounts for one-quarter of mobile web traffic
Android is mopping up Apple and RIM's declining mobile mindshare in the US, you'll find nothing but corroboration from Quantcast. The analytics firm reckons a full one-quarter of mobile web traffic stateside comes from devices running Google's OS

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The law is poor at the best of times, let alone legal gray areas like technology (and where various fields collide e.g. property rights, broadcasting laws, pollution laws); moralistic analogies are no better - Is wifi like an open car, an unlocked door, a shop window, a leaky tap etc.
Without a clear convention, it's hard to made judgments. Personally, I think giving the businesses too much slack might set dangerous precedents as to how the law can be used, whereas requiring that APs be property encrypted before the law can be invoked isn't bad at all.
A food service has to meet hygiene requirements, A business offering wifi should meet certain requirements also, not knowing how has never been an excuse to the law. In my opinion the ~2.4GHz freq. has too few regulations as it is (e.g. wireless phone interference).