Ya, and if I do a port scan, I'm just "sampling the ports" to eh. Nice twist of words.
They wrote a program to get information about networks, it's a hacking tool. Might not be a cracking tool, but it's definitively a hacking tool and now, no doubt classed under sniffers because it was able to see network traffic. Actively or Passively.
There is no doubt the media is trying to take hold of this. However this is still an issue because you don't expect a company of that stature to be collecting information this way. The way they did was how a Wardriving, unethical, loner cracker tries to get information.
They KNEW if they would have disclosed at the time they started doing Street View they would also be "sampling catagories..." they would have created a stir.
And regarding your last sentence of being illegal. In Aussie, I guess it isn't. But here in Canada is a totally different story.
Yeah I agree with you there, when I said 'not hacking' I really meant 'not cracking', but so few people know the difference. Lazy me
But re the wardriving thing. You said it's illegal to connect to a network without the permission of the owner. Technically at no point do I have to connect to your network to capture data from it.