Data Engineer in Google Case Is Identified - author of NetStumbler 14 years ago
The data collection, which took place over three years, was legal because the information was not encrypted, the F.C.C. ultimately determined.
Interesting how this works. If I went wardriving and collected personal emails from unencrypted networks, I'd have my house rummaged by FBI agents, be hit with a 25,000-count felony wiretapping indictment and have some go-getter federal prosecutor try to convince a judge to sentence me to 7,000 years in prison. Then an appeals court might say reverse on the grounds that it was unencrypted. Maybe.
Google does it? A slap on the wrist and a small fine for "obstructing an investigation."