they very well may have a sniffer and data miner because they derive pleasure from causing others pain.
IMO if someone is using someone elses wireless connection without permission and the owner of the wireless connection does something malicious, the person using the wireless connection without permission deserves it.
It kind of reminds me of the stories you hear about a burglar breaking into someone's house, hurting himself by tripping on something or what have you, and then suing the owners of the house for his injury. Pretty damn stupid.