the courts are saying it has to be secured against unauthorized users.
So, hotspots would have a username and password to use for the public plus a record of mac and ip addresses used. and the users are then authorized vs unauthorized. anyone can connect, but its still 'secured' vs 'open'
Home and small business users would protect themselves from having someone borrow their bandwith or illegally obtain network files of data and possibly other client information, spam or other activity not authorized to do - by putting a password on their wifi connection.