In France at least they made "insufficiently securing your home network" an offense. So you could argue that you have a guest network (or were hacked) but you would still not be in the clear.
- Leaving a window open, or a door unlocked, thereby allowing someone to enter through it, and while on your premise conducts a crime. Is this crime your fault for not sufficiently securing your home?
- Someone enters your yard because the gate wasn't locked and sells some pirated movies or drugs. Again, is it your fault because you didn't sufficiently secure your 6 foot fence from intruders?
It genuinely saddens me that providing an open Wifi guest network for my guest's convenience is considered 'negligence'.
Interestingly where I leave a major Canadian ISP provides unsecured wifi networks across the city. To get access all you need to do is register your ethernet address to your account. As we know it is trivial to spoof an ethernet address. So, I suppose this ISP could be liable as well? Oh, wait--they are just the pipe. So, why is the consumer treated different? Sigh.
