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Court Rules Gmail Case Alleging Wiretapping Can Continue

PRIVACY LAW—U.S.

September 27, 2013

In this Privacy Tracker blog post, Westin Fellow Kelsey Finch analyses U.S. District Judge Lucy Koh’s decision that Google’s practice of intercepting e-mails to and from Gmail users may violate federal and California wiretap laws. Using a “narrow reading” of the federal wiretap law and a “broad reading” of the California law, Koh sent the majority of the case on to trial, “inviting close scrutiny of both … statutes in light of the latest technologies and business practices.” Finch writes, “As the tension between consumer protection and business innovation continues to loom large in the privacy world, decisions that attempt to bridge new technologies and old laws become more and more important.”
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