Furore as Gmail tells users 'don't expect privacy'

If you happen to be one of the 400 million people who use Google’s Gmail service for sending and receiving emails, don't expect to be safe from prying eyes - but it's not as bad as it sounds, argue some experts. Calliste Weitenberg reports.

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Debate is raging over the privacy policies of Google's email service, Gmail, after court documents revealed the company believes third-party users have no "reasonable expection" of confidentiality.

The US organisation Consumer Watchdog haspublished 39 pages of court documents filed by Google in its case against a US class-action lawsuit, which accuses the company of violating wiretapping laws.

In the most controversial comments, at the heart of the court documents, Google argues:

"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'."

The defense relates to Gmail's practice of scanning the contents of emails sent from non-Google accounts in order to target ads to Gmail users.

Google argues third party doctrines allow emails sent to Gmail users to be subject to its scanning procedures, without the sender signing up to its privacy policy.

"As numerous courts have held, the automated processing of email is so widely understood and accepted that the act of sending an email constitutes implied consent to automated processing as a matter of law," Google argues.

However, in a statement posted on its website, Consumer Watchdog labelled the documents a "stunning admission".

It says that people who care about their email correspondents' privacy should not use the Internet giant's service.

“Google has finally admitted they don't respect privacy," says the group's Privacy Project Director, John M. Simpson.

"People should take them at their word; if you care about your email correspondents' privacy don't use Gmail.”

Consumer Watchdog's comments have quickly whipped up debate on social media sites, with Gmail users venting their frustration under the hashtag "GFail".

Many have interpreted Google's statements to mean Gmail users have no expectation of privacy in using their accounts, despite signing up to the service's unified privacy policy.

Gmail's privacy policy states: "We collect information to provide better services to all of our users... We also use this information to offer you tailored content, like giving you more relevant search results and ads."

In response to the court documents, some Gmail users have sought to close their accounts, while others have linked the company's comments to surveillance activities by the US National Security Agency.

But other Twitter users have argued the online backlash is unwarranted.


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