Fascinating stuff and definitely a difficult question.
"The Court concludes that this exception covers unsecured wi-fi communications, so that it is entirely lawful to snoop in on someone else's private communications over an unsecured wireless network:"
I think its a bit emotive to suggest that someone is "snooping" on "private" communications if those communications are broadcast in the clear. The expectation of privacy under these circumstances is flawed and laws that enforce that false expectation are broken.
__._,_.___
.