I don't know the answer to that question, but I have a guess at the answer to another question: "is it okay for a private company to create a geodatabase of SSID strings that were freely and willingly broadcast via radio?"
I think the answer is "yes". Ten, fifteen years ago, if there were an HN story about how I, owner of a small business you've never heard of, created a database of SSIDs that are broadcast and tagged them with lat/longs, I'd bet money it would make the top of the front page. Bonus points if I included an API and threw the thing up on github.
Fine, it's evil, append "_nomap" to your SSID string. That's fine for stopping Google, but it won't stop "owner of small business you've never heard of". Don't broad SSIDs, but then (IIRC) one can still obtain the MAC address.
But in the end, if a radio broadcasts something then one has little recourse when receivers use that broadcast in ways you didn't intend. The analogy crumbles under a little scrutiny, but it's similar to FM broadcasters complain about geodatabases of FM towers because the intent of the broadcaster was to allow you to listen to drive-time hyenas, not use it for location services.