Since when did data being openly broadcast over the airwaves constitute wiretapping?
Google doesn't need, or rather shouldn't have, our home wifi information, period.
Then secure your wifi and they won't have it. Period.
Open wifi means just that, OPEN.
It's like using an old 900Mhz cordless phones and expecting privacy when in reality anyone could listen in as it wasn't encrypted, or even scrambled like spread spectrum. All you had to do was be close enough, like Google driving by, to listen in to those conversations. Anyone could also listen in to those old phones with an of the amateur radio tuners you could buy down at Radio Shack, just like anyone can listen into open wifi with a smartphone or a laptop driving by. It wasn't secure, just like open wifi isn't, and any thinking person unlike the judge wouldn't expect privacy on such a device configured in such a way.
However, if you went to the trouble of hacking WEP or listening in on the current spread spectrum phones I'd call it wiretapping as well.
It's a simple case of stupidity, the law, and big government clashing before the laws had actually caught up with technology and as usual in the US since there are big pockets involved it goes straight to court so some greedy idiots will make a windfall profit that WE ultimately pay.
That's right, everyone will cheer for Google being spanked until those outrageous settlements end up costing us more to buy those Android devices, buy stuff from Google Play, or some other service. Better yet, they don't raise prices they just whack some staff and your favorite Google tools like the old RSS Reader or something else.
Then it's not so funny and the cheering stops.
Just remember, companies don't pay settlements, customers do, it's all passed down.
WE pay for it, those Google billions all came from us.
Therefore, I'd opt for mediation and demand the data be dumped, end of story.