They are being investigated or are under investigation in several European countries.
I think that they have acted illegally and ignorance is no defence.
They have stolen or eavesdropped on private data, no matter the stupidity of individuals for not encrypting securing etc.
They went out deliberately to sniff wifi, wardrive call it what you like. Fact they gathered data which is in breach of various laws in various countries.
The penalties should be severe and prompt.