Not in Germany, where opening your WIFI makes you liable for all the things that might happen with this.

But only if you are a private person (or a small cafe/venue). If you are an ISP, you can operate hotspots wherever you want and charge whatever anyone is willing to pay. And you do not need to fear being held liable for your users actions.

[Edit] Meant to say, that since this change of law we do not have a lot of open WIFI-Spots anymore.

They could still track you though. You'll need a sim card, and you'll need to attach to the network - which means the carrier can track your location.