I would hope the eventual decision is that unencrypted wi-fi is like CB radio or even a loud conversation in a public place. Practically, it's trivial for other

I would hope the eventual decision is that unencrypted wi-fi is like CB radio or even a loud conversation in a public place. Practically, it's trivial for others nearby to overhear, even incidentally to their own use of the same shared medium, so people should expect it. If you want privacy, add some level of scrambling... and then penalize effortful descrambling, that violates an effortful expectation-of-privacy.