Google: Non-Gmail Users Have No Legitimate Expectation of Privacy (Updated)

Here’ssome more unsound newsto add to the chain reactor of concern overemail exposure , a brief filed by Google ’s attorney has just surface and revealed that Gmail non - Gmailusers who commute emails with a Gmail substance abuser should have“no legitimate anticipation of privacy”—ever .

https://gizmodo.com/another-secure-email-service-silent-circle-is-shuttin-1075763867

The brief , unearthed by Consumer Watchdog , was register on July 13 , 2013 in response to a class action ailment against the fellowship to the United States District Court for Northern District of California in the hopes that the lawcourt would send away the case . allot to the papers , user should feign that any electronic corresponded that finds its way to Google ’s servers can and may be full accessed and used for a whole slew of purposes , include sell ads .

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According to the movement :

Just as a sender of a varsity letter to a business organization co-worker can not be surprised that the recipient ’s assistant give the letter , people who apply internet - based email today can not be surprised if their emails are processed by the recipient ’s [ email provider ] in the course of delivery . Indeed , ‘ a somebody has no legitimate arithmetic mean of privacy in selective information he voluntarily turns over to third party . ’ Smith v. Maryland , 442 U.S. 735 , 743 - 44 ( 1979 ) .

Of naturally , Google punctuate the more hard-nosed purposes of the confutative privacy policy ; every prison term you type in keyword or run a search filter , in monastic order to pilfer through your messages , Google has to scan the genuine electronic mail . They go on to lay claim that a ruling against this method acting would blockade and “ illegalize ” their basic clientele recitation , stating :

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In practice session , plaintiffs ’ possibility would forestall ECS provider from providing a legion of normal services that Congress could not possibly have intended to criminalize as an illegal interception . For example , an ECS supplier could not admit users to sort out their emails using automated filters because any such system would demand rake the depicted object of the emails being deliver to the user , thus tend afoul of plaintiffs ’ theory . Nor could an ECS provider provide even basic feature like allowing drug user to search their own emails for particular key terms because doing so would , again , involve the scanning of email content .

Still , Google ’s explicit belief that its user lack an inherent right to privateness is more than a little disconcerting in light of how this might transform to compliance with NSA requests . And this has Consumer Watchdog more than a picayune upset . In a statement to RT , Privacy Project manager John M. Simpson enjoin :

Google ’s brief use a wrong - head doctrine of analogy ; post an e-mail is like collapse a letter of the alphabet to the Post Office . I expect the Post Office to deliver the letter based on the savoir-faire written on the gasbag . I do n’t anticipate the mail carrier to open up my varsity letter and read it . Similarly when I ship an email , I gestate it to be delivered to the intended recipient with a Gmail account based on the email address ; why would I wait its content will be intercepted by Google and take ?

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And with all this derive out just daylight after the news program of two secure , subscription email military service close down after allude to vague “ outside insistence , ” the matter of a user ’s right to privacy is becoming at the same time all the more important and increasingly hazy . you’re able to read the the brief in full below . [ RT ]

Update : Just to be clear , the inverted comma that riotous Consumer Watchdog was originally from theSmith v. MarylandSupreme Court opinion and was cited by Google in their question as a agency of supporting their argument . The full quote and context ( found on pg . 19 of the motion ) adopt :

Just as a transmitter of a missive to a business concern colleague can not be surprised that the recipient ’s assistant reach the letter , the great unwashed who use World Wide Web - based email today can not be surprised if their communications are processed by the recipient ’s ECS supplier in the course of delivery . Indeed , “ a person has no lawful anticipation of privacy in data he voluntarily turns over to third parties . ” Smith v. Maryland , 442 U.S. 735 , 743 - 44 ( 1979 ) . In particular , the Court note that persons convey through a service provide by an intermediary ( in the Smith case , a telephone call expel through a telephone company ) must necessarily ask that the communication will be dependent to the intermediary ’s systems .

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