Chappell reports, “In making its case, Google compared sending an email to other types of communications where privacy cannot be expected: ‘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 communications are processed by the recipient’s ECS provider in the course of delivery. Indeed, ‘a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.’ Smith v. Maryland, 442 U.S. 735, 743-44 (1979).’”
“The company’s attorneys said those same expectations would also hold for any non-Gmail users who send a message to a Gmail address. And it says that anyone sending an email is essentially giving their implied consent to automatic processing,” Chappell reports. “As Eyder and Scott reported for The Two-Way last week, the U.S. government also cited the Smith case as a precedent in its pursuit of telephone metadata records… As the Techspot website notes, “The motion was uncovered less than a week after secure e-mail services Lavabit and Silent Circle closed down shop due to intense pressure from U.S. authorities. In their absence, Internet entrepreneur Kim Dotcom vowed to release a secure e-mail service that would run on a non-US-based network.”
Read more in the full article here.