Although I am not an American, and so the law does not directly apply to me, this is an important and developing issue in Canada as well.

"readily accessible to the general public" can be loosly interpeted. It is easy to say that the unencrypted transmission is available to the general public. It is also easy to make the argument that the general public does not have ready access to the physical equipment and technical knowledge to capture wireless data.

By stating that you require the ability to use wireless equipment in RFMon mode to passively capture data, or some other hardware which will allow you to perform the same, the argument (in my understanding) would move the capability out of the hands of the general public, and into a specific segment of the population, that segment which has the technical capability to launch an attack.

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