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Well, consider another analogy: a person leaves their door unlocked and another person goes in their home. It is still trespassing, even though the physical barrier has been intentionally disabled.

I'm not sure even what section of US code to check but it is certainly plausible that you can (for example) find a surplus device that decodes the signals on EBay and it's actually illegal to do it. You can find radios on EBay that broadcast on bands that are unlawful to use (or unlawful without certain licenses, &c).




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