Maybe not straight up arrested, but I think I recall a case in the past where legal action was taken over someone using a restaurant's free WiFi everyday while not being a customer (he used it in his car in the parking lot). Like the network is open but technically you need permission to connect to it (a sign at the airport saying that free WiFi is available at this SSID, or the restaurant stating that WiFi is available to all paying customers counts as permission). Obviously very few of these cases will be prosecuted, but I would be very concerned if my smart devices were connecting to open networks automatically without my consent.