Lawyer I'm not...
Sorry you are correct, and I didn't take the time to spell check Latin phrases.
Actus Reus means that you didn't think about committing a crime, you had actually taken some physical steps to perform the crime.
I disagree that Actus Reus is enough to convict.
The reason mens rea is required for a conviction is that one has to show that Google acted with intent. That is to say that the data capture was an intentional act.
Google claims otherwise and their publishing that this was an 'accidental capture' is to establish that there was no mens rea. That while they may have committed a crime, it was an unintentional act, that is... they lacked the guilty mind.
I agree with you that they should be charged and then based on the evidence produced, convicted, however, I'm trying to explain that Government AGs (Attorney Generals) are less likely to take on a very expensive and public lawsuit against a company whose public mantra is 'do no evil'. Lot of money , lots of risk, little return. Could be political suicide.
It sucks but its a reality of life. Politicos need to grow a pair. (Ladies included)