Re: Consumers have a reasonable expectation of privacy
"Errm, then they should have switched on their Wifi security then..."
No, that''s not how the law works and if a private individual captures and stores payload data from someone's WiFi, they can expect a criminal prosecution if caught. If you or I are expected to know and comply with the law, how much more a big multinational corporation with many technical experts and lawyers at their disposal?
Google's "unintentional" defence was blown out of the water by the fact that they only stored unencrypted payload data - so, the application bothered to check for encryption, discarded that which was not useful and stored that which was unencrypted. If the goal was simply to link access point MAC addresses with physical locations, they need not have stored any payload data whatsoever.