Why are unsecured wireless points suddenly a government issue? If a company can't take a couple of minutes to turn on WEP/WPA or simply turn off wireless, then they deserve what comes to them. You can already prosecute someone for getting into your network and causing damage, so whats the point of adding another law onto this.
I think that if you don't encrypt a wireless point or do anything to prevent casual access to it, then its a public point. Since your wireless signal is being broadcast to the general public, then its free to use.
GoPackGo, a firewall can also prevent outgoing access, it simply depends on how you configure them.