No subject

they almost certainly are.  Analogies with physically removing your car
from your driveway are highly questionable, at best, because there is no
item being removed in the case of an SMTP server.  A better analogy is
tresspassing and criminal tresspass has an important notice
requirement.  Merely entering your property without your permission,
without doing some other illegal act (such as breaking-and-entering, is
generally not criminal.  There is a requirement that you have notified
them not to enter, either personally or with clear signs, fencing, etc.

If SMTP provided some mechanism by which someone could be notified of
what the requirements are for use in some universally understood manner,
that might be different, but that doesn't exist.  SMTP was defined
without such access control mechanisms, which makes it public by
default, at least from the point of view of most if not all plausible
criminal charges.