A federal judge today found that Google may have breached federal and California wiretapping laws for machine-scanning Gmail messages as part of its business model to create user profiles and provide targeted advertising.
The decision by U.S. District Judge Lucy Koh was rendered in a proposed class-action alleging Google wiretaps Gmail as part of its business model. Google sought to have the federal case in California dismissed under a section of the Wiretap Act that authorizes email providers to intercept messages if the interception facilitated the message’s delivery or was incidental to the functioning of the service in general.
Is the GMail Model Legally a Wiretapping Scheme?
According to at least one court, it may well be. From Wired:
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