Isn't that like saying "if you don't lock your mailbox, then by implication you don't care if people read your mail"? Or, "if you don't lock your telephone junction box, then by implication you don't care if people tap your phone"?
Although I don't agree with your quoted statement, I don't think Google's capturing of data should be considered criminal, either.
More like "If you shout loudly in your apartment, expect others to hear you."
The difference is wifi broadcasts that information.
Of course. I agree that it shouldn't be illegal to access it; however, simply being trivially accessible doesn't necessarily mean people don't care.