h*d
发帖数: 19309 | 1 http://www.cbsnews.com/8301-205_162-57598496/google-gmail-users
Google has made it clear that people who send or receive email 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 [email 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 email
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 email services.
Google goes on to say that courts have held that all email users "
necessarily give implied consent to the automated processing of their emails
."
Public interest group Consumer Watchdog called the statement a "stunning
admission" and warned people who cared about their privacy not to use Google
's email service.
"Google's brief uses a wrong-headed analogy; sending an email is like giving
a letter to the Post Office," John M. Simpson, Consumer Watchdog's Privacy
Project director, said in a statement today. "I expect the Post Office to
deliver the letter based on the address written on the envelope. I don't
expect the mail carrier to open my letter and read it. Similarly when I send
an email, I expect it to be delivered to the intended recipient with a
Gmail account based on the email address; why would I expect its content
will be intercepted by Google and read?"
Google has not responded to CNET's request for comment.
Upon its introduction in 2004, Gmail was immediately slammed by lawmakers
and privacy advocates alike as a horrific invasion into Internet users'
privacy. Critics contended that it should be illegal for a company to scan
the text of its customers' email correspondence and display relevant
advertising.
In a previous statement to CNET, Google has defended its handling of email
customers' data.
"We work hard to make sure that ads are safe, unobtrusive and relevant," the
company said earlier this year. "No humans read your email or Google
account information in order to show you advertisements or related
information."
Seizing upon privacy concerns, Microsoft launched a campaign against Google
last year that urges consumers to dump the service for its own Outlook.com.
Microsoft asserts its email service automatically scans the contents of
users' emails only to prevent spam, malware, and other unwanted activity.
Email users' privacy has taken on greater attention with the case of Snowden
, who is wanted by the U.S. for leaking top-secret documents to the media
about the NSA's surveillance practices. Rather than possibly compromise its
customers' privacy, an encrypted email service linked to Snowdenshut down
last week. Saying it could "see the writing on the wall," another encrypted
email service shut down within hours.
This article originally appeared on CNET under the headline "Google filing
says Gmail users have no expectation of privacy." | s******v
发帖数: 4495 | 2 这个是什么SB律师啊，拿post office当例子，人家google create一个收费服务，一个
email 1分钱，不看内容，不就完了
【在 h*d 的大作中提到】
: http://www.cbsnews.com/8301-205_162-57598496/google-gmail-users
: Google has made it clear that people who send or receive email 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
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