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I wonder how likely it is though? The consumer access points don't come without passwords by default. Where I am, having an open access point without identifying the users is illegal, so it's unlikely a regular person would do that, and if some cafe does - it'd just have a captive portal asking for a phone number. And even if the business owner doesn't want to bother with that identification - there would 100% be a password on such a hotspot.

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Fully anonymous open WiFi remains legal and common in many countries, including the US.

Even many guest or public WiFi captive portals in the US only seek to enforce agreement to a terms of service and/or privacy policy, not necessarily gathering identifying info and not locking behind a password. (Yes, there are also those which do require a password or identifying info, but that’s not due to a legal requirement.)

It’s relatively rare nowadays that I see a guest or public WiFi network with neither a captive portal nor a password, but again, those do still sometimes occur and are fully legal in the US. Organizations (and their insurers) do tend to like the protections of legalese and/or identifying users, but US law doesn’t generally force them into it in this context.

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