Google has made it clear that people who send or receive e-mail via Gmail should not expect their messages to remain private.
In a 39-page motion filed in June (see below) to have a class-action data-mining lawsuit dismissed, the Web giant cites Smith v. Maryland, a 1979 Supreme Court decision that upheld the collection of electronic communications without a warrant.
"Just as a sender of a letter to a business colleague cannot be surprised that the recipient's assistant opens the letter, people who use web-based email today cannot be surprised if their emails are processed by the recipient's [e-mail provider] in the course of delivery. Indeed, 'a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.'"
Plaintiffs in the case contend that Google's automated scanning of e-mail represents an illegal interception of their electronic communications without their consent. However, Google, which uses automated scanning to filter spam and deliver targeted advertising to its users, noted that plaintiffs consented to the practice in exchange for the e-mail services. Google goes on to say that courts have held that all e-mail users "necessarily give implied consent to the automated processing of their emails."
We get a lot for free off the web but people need to be reminded "If you're not paying for it; You're the product".
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