This decision is of a court that does not seem to understand the technology nor that trying to make new technologies fit in the definitions of old tech is not going to fit. Under this judgement, the entire 802.11 specification is technically in violation. With Google and their famous motto of 'Don't Be Evil', every judge looking to make a name is hoping to be the one to make them 'be evil'
An interesting part of this case was that results of the Canadian privacy commissioners report on the issue: http://www.priv.gc.ca/media/nr-c/2010/nr-c_101019_e.asp which, in short comes down to; "Delete the data, setup controls and processes to prevent it happening again, don't do it again". A fairly levelheaded and sane approach.
We are in an era where technology is rapidly evolving, and the generation gap between the creators and the legislators is larger than ever. Often the courts are dealing with things they have no understanding of and that no apt analogy exists (or, even worse, they use a bad analogy, as in this case).
I wonder if the judge or his family use Wi-Fi at home and realize they are breaking the same judgement?
You can see more from Renderman at @ihackedwhat on Twitter, and at renderlab.net