Parent says "What if the business's purpose is to provide an open suburban hotspot?"
You say: "excuses that would easily fool a computer probably won't fool a judge for a second any more than it would fool a guy on the street."
I don't think it comes across as an excuse although prosecution would of course present it that way.
There is certainly instances where someone would provide an open hotspot for neighbors. (My neighbor at one building did this.) I don't think it would be difficult at all for this to be shown by any defense attorney after some research with examples of kind people doing the same. I don't think this is as open and shut as you are presenting it. And that is the job of a defense attorney to try to make things appear possible by presenting evidence of the practice (which doesn't have to be widespread either.)
It has to pass the "resonable" test Jurys and some times Judges are much better at working out when some one is "taking the piss" which is the point that jerf is making.
You say: "excuses that would easily fool a computer probably won't fool a judge for a second any more than it would fool a guy on the street."
I don't think it comes across as an excuse although prosecution would of course present it that way.
There is certainly instances where someone would provide an open hotspot for neighbors. (My neighbor at one building did this.) I don't think it would be difficult at all for this to be shown by any defense attorney after some research with examples of kind people doing the same. I don't think this is as open and shut as you are presenting it. And that is the job of a defense attorney to try to make things appear possible by presenting evidence of the practice (which doesn't have to be widespread either.)