Google Inc(NASDAQ:GOOG)
has been accused of violating privacy in all kinds of awful ways, or at least
that is what the online privacy proponents would have users believe. The last
major privacy hurdle Google had to undergo entailed the Street View service
offered by the company. Some investigations have started to close in that case.
However, Google now has to deal with a fresh privacy lawsuit that aims directly
at its email service.
As reported by
Courthouse News, Google is being sued over Gmail as the plaintiffs in the case,
namely Todd Harrington and Brad Scott, are accusing the search engine giant of
infringing the California Invasion of Privacy Act. The law seems to protect the
communications of citizens from being interrupted by third parties without
their consent.
Google has been
vehement while denying the claim, saying that Gmail does not infringe any laws
as it is automated through machines. The law in question requires a person to
be intercepting the communication to be violating the law. The plaintiffs argue
back that Google’s machines can be considered a living entity for the purpose
of the law. Google says that the claim made by the plaintiffs twists the state
law in ways the California legislature never anticipated.
Google has filed a
motion in court on Thursday to have the case dismissed. US district Judge Lucy
Koh will hear the motion on 21st March, 2013. Google will probably
succeed in having the case dismissed out as there are few issues with the plaintiff’s
case. For one, the law only applies to the citizens of the state whereas the
plaintiffs are from outside. More importantly, concepts of internet and email
are never brought up even once in the law. The law takes into account phone
wiretapping, not online inspection.
Consent is explicit when creating an account. The ads are what makes the service free to the user.
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