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Google argues for right to continue scanning Gmail

Published on NewsOK Modified: September 5, 2013 at 5:47 pm •  Published: September 5, 2013
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SAN JOSE, Calif. (AP) — Google's attorneys say their long-running practice of electronically scanning the contents of people's Gmail accounts to help sell ads is legal, and have asked a federal judge to dismiss a lawsuit that seeks to stop the practice.

In a federal court hearing Thursday in San Jose, Google argued that "all users of email must necessarily expect that their emails will be subject to automated processing."

The lawsuit, filed on behalf of 10 individuals, is expected to be certified as a class action and is widely seen as a precedent-setting case for other email providers.

The plaintiffs say Google "unlawfully opens up, reads, and acquires the content of people's private email messages" in violation of California's privacy laws and federal wiretapping statutes. The lawsuit notes that the company even scans messages sent to any of the 425 million active Gmail users from non-Gmail users who never agreed to the company's terms.

"This company reads, on a daily basis, every email that's submitted, and when I say read, I mean looking at every word to determine meaning," said Texas attorney Sean Rommel, who is co-counsel suing Google.

And Rommel said "the data that's being amassed by this company" could be used for more than just targeting advertising, although the parts of the lawsuit discussing what more Google might be doing with private information is currently under seal.

"The injury is two-fold: the privacy invasion and the loss of property. Google is taking people's property because they can get it for free as opposed to paying for it," said Rommel.

Judge Lucy Koh said she would consider Google's request to terminate the case, but she said she is also interested in scheduling a trial for next year, indicating she is unlikely to dismiss. She did not say when she would decide.

Scrutinizing Google's privacy policy, Koh noted that it doesn't specify that Google is scanning Gmail when it describes the type of information it's collecting.

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