The situation that is playing out was anticipated by many: The politically powerful have their proprietary information protected, because they can make government do it for them. Everyone else has no privacy.
Individual end-users don't have the ability to protect themselves. Most have no idea of encryption, much less what data is accessible to someone scanning Wifi frequencies (most people couldn't even tell you what a "frequency" is!). Even if they had the knowledge, they have limited time and resources. That doesn't make them fair game or mean they surrender their privacy rights.
Google exploited a loophole in Wifi; Schwartz exploited a loophole in a server. Both took proprietary data. What's the difference? The law, made by the politically powerful, says that the data Schwartz took was valuable and protected, while my personal data is not. I wonder what would happen if I went to Google offices and homes and collected unencrypted data; would I be arrested? Fined 20% of 1 day's net income?
(It's hard to believe that Google didn't know what they would end up with by collecting unencrypted Wifi data -- they certainly know about frequencies, encryption, and wifi. They could have saved a lot of storage if they just took SSIDs and ignored the rest. Plus they are experts; they are responsible for knowing what they are doing.)