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Google’s legal counsel says Gmail users have no expectation of privacy

21 点作者 emhart将近 12 年前

3 条评论

tjr将近 12 年前
When I started using email in the 1990s, I was advised that plain-text email was no more private than sending a postcard: most likely, nobody besides the intended recipient would bother to read it, but a number of people in theory could read it. The idea of blithely sending private information over unencrypted email never made sense to me.<p>But on the other hand, neither did I expect to learn that the U.S. government is collecting, analyzing, reading our email. Even though I might have assumed they <i>could</i> do that, it&#x27;s alarming to discover that they <i>are</i> doing that.
anxious将近 12 年前
This is like the 10th submission of this nonsense: sections of this legal motion have been deliberately taken out of context to mislead readers.<p>If anything that quote is about non-Gmail users and even then it’s in response to a certain aspect of the complaint.<p>The lawyer cited a 1979 precedent (as lawyers wont to do) to counter a specific allegation:<p><i>“a person has no legitimate expectation of privacy in information he voluntarily turns over tothird parties.” Smith v. Maryland, 442 U.S. 735, 743-44 (1979).</i><p>The whole case is built on trying to make physical mail (snail mail) analogies applicable to email, and Google’s lawyer is counter-arguing accordingly. They are accusing Google of &quot;reading&quot; emails when it&#x27;s computers &quot;parsing&quot; text, that particular part of the motion is in response to the argument that non-Gmail users class action is valid since they didn&#x27;t agree to the TOS, Google counters the mail providers’ &quot;automated processes&quot; are analogous to assistants that are allowed to open mail for their employers (the recipient). The &quot;third parties&quot; here aren&#x27;t necessarily Google but the recipients of your email who happen to be using Gmail. As since you&#x27;ve turned over your information voluntarily to the email recipient they can apply “automatic processing” to it.<p>Link to relevant page: <a href="http://www.scribd.com/doc/160041493/Google-Motion-061313#pag.." rel="nofollow">http:&#x2F;&#x2F;www.scribd.com&#x2F;doc&#x2F;160041493&#x2F;Google-Motion-061313#pag...</a>.<p>The case is about Gmail &quot;scanning&quot; emails to target ads, Google is arguing (rightly so) that machines parsing emails is not equivalent to &quot;reading&quot; it, and that &quot;automated processes&quot; are necessary for spam filtering, full-text search, etc.<p>The entire motion, read it and make you own conclusions: <a href="http://www.scribd.com/doc/160041493/Google-Motion-061313" rel="nofollow">http:&#x2F;&#x2F;www.scribd.com&#x2F;doc&#x2F;160041493&#x2F;Google-Motion-061313</a>
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Lasher将近 12 年前
It hasn&#x27;t been a good year for &quot;expectations of privacy&quot;.