I wonder if there is an acceptance of calculated risk when making a decision related to walking on the very edge of federal/state laws when top management makes decisions about how to go about tracking people.
Firstly, they figure the average customer hasn't a clue how all this tracking stuff works, so no need to be too worried about a backlash from that group.
Secondly, the government regulators are only looking at the part of the iceberg that is showing above the waterline and are reading briefs from specialists about what is below the waterline, but don't really have time to study the tech points too deeply.
Third, they agree to a fine that sounds so cool for PR purposes, but that doesn't really piss off the stockholders too much. I reckon the average gal/fella reads something like 'almost 400 million dollars' and is properly impressed and on to the next issue in their lives and thinks no more about this business of a Google machine or software watching their every move.
So that top management decides it's worth the risk to tell your staff to stay right on that borderline between legal and illegal and, by the way, if you might step over the line into clearly illegal activities, we might not be so worried up here in the offices of top management. That is, if you don't get nailed too easily to cause us a bad PR problem. Be sure you have a plausible camouflage for anything that smells of trouble, so we can continue to use the vocabulary "allegations" in our press releases and legal papers.
Does this Webmaster World Community have any members that really understand all the ins-and-outs of this location tracking system? That Google blog about whether a given restaurant is crowded, for example; how do they know? Camera footage? Maybe the owner of the restaurant sends data directly to Google under some sort of agreement between the two companies?
... Google Search surfacing local restaurants and letting you know how busy they are, ...
I am not so sure I am understanding that vocabulary "surfacing", but that might be some error in language usage.
Still, do we have anyone in this community that really understands how all this big location machine works? Is it possible it is all one big secret project under the guise of protecting industry secrets? What is the scope of all of this? Is it even controllable, other than the Sun kicking out a G5 event and knocking all equipment offline?