In the US at least, you're not. Some even run open wifi on purpose for plausible deniability: https://www.schneier.com/blog/archives/2008/01/my_open_wirel...
I think the theory is that if you can't prove it was actually you who downloaded something (they never can), then the fact that you have an open wifi makes it reasonable to conclude that it could have been anyone, and the case gets thrown out.
In the US at least, you're not. Some even run open wifi on purpose for plausible deniability: https://www.schneier.com/blog/archives/2008/01/my_open_wirel...
I think the theory is that if you can't prove it was actually you who downloaded something (they never can), then the fact that you have an open wifi makes it reasonable to conclude that it could have been anyone, and the case gets thrown out.