Is it just me or is there a similarity here?

SpotPass
SpotPass™,a feature that lets Nintendo 3DS detect wireless hotspots or wireless LAN access
http://www.nintendo.com/3ds/hardware/specs

Wardriving
Wardriving is the act of searching for Wi-Fi wireless networks by a person in a moving vehicle, using a portable computer or PDA
http://en.wikipedia.org/wiki/Wardriving

I've hear of people getting arrested for useing free Wi-Fi, If theres a building the gives free Wi-Fi it's apparently illegal to use that building's Wi-Fi well parked in the street even if you ask if it's okay. But I've heard of this happening a few years back not sure if it still happens today.

really. I didn't know that but to those who think this is strange, this is in america. laws are different elsewhere.

Normally Nintendo like to play things safe. War driving is usually frowned upon and in some places illegal. Sure it is hard to catch and prove. When I first heard about this feature this is the first thing that went through my head. Nintendo is promoting that its device actively searches for unprotected networks for it own advantage.

The other thing that goes through my head is that we have absolutely no way to know how this device firewall works. It is actively exchanging information with every single 3ds it can find. If a hacker finds a way to exploit this and installs a Zombie on to their 3DS it will spread and expand with no way to stop it.

This kinda thing has happened before with blue tooth devices. Think bluejacking. The 3DS offers no security software to find out if it has been. Only parental controls to disable it. I hope Spot Pass is disabled by default.

I know it sounds paranoid ranting but that is my networking back ground talking.

Edit
The scenario in my head.
Some one eventually hacks the 3DS and installs a Home Brew channel. Some decides to take this home brew channel and create a program to go into the game save that is designed to transfer its self to other 3DSs. The walk though a mall. Some one notices they received new data but they don't see anything. That program becomes a zombie and the perfect platform to launch a DDOS attack as the device always tries to be connected.

^^^^This is Nintendo we're talking about here! They definitely will have thought about that and have made sure it isn't at all a problem.

Maybe.

The other problem is Nintendo is rather young in the online arena. They provide a cool device but if some one discovers a zero day security vulnerability no one will be able to detect it.

It's a little early to start freaking out over what-ifs... and let's not give anyone any ideas, please and thank you.