Also, downloading copyrighted material generally amounts to a civil offense in the US, even though it is often conflated with more serious criminal behavior (aka child porn) by the MAFIAA.
The risks of running unsecured wifi can be easily communicated to its users, and likewise contained by promoting use of secondary encryption such as SSL.
To claim these risks are so grave that people running unsecured wifi must be idiots is comparable to saying that people who leave their personal cars parked on city streets are also idiots, since those cars be stolen and used in violent crimes.