There are a lot of grey areas involved as well. For instance, Kismet, when enabled, will log raw packet data that is transmitted over wireless. This also includes becon frames, data, and regular network traffic (DHCP requests, router advertisements, etc), even if it originates from a wired node on that network. Not all AP's are switched and most will broadcast all data it receives from a wired source. This could be constituted as accessing a network. Also, Airsnort can crack WEP. If you do, even in your own network just for fun, you are breaking the law. Cracking an encryption scheme is illegal. Tools like Netstumbler are unable to do this (to my knowledge). As an avid wardriver/walker/boater, I can understand the temptation of messing with a network with a SSID of "F*** off Wardriver!!!!," or gaining free access to the internet. If you do, you are commiting a Class C Felony.