Google's unofficial privacy notice:
"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.'"
A counter-argument by John M. Simpson, Consumer Watchdog's privacy project director:
"Google's brief uses a wrong-headed analogy; sending an email is like giving a letter to the Post Office. I expect the Post Office to deliver the letter based on the address written on the envelope. I don't expect the mail carrier to open my letter and read it. Similarly when I send an email, I expect it to be delivered to the intended recipient with a Gmail account based on the email address; why would I expect its content will be intercepted by Google and read?"
A possible rebuttal to Simpson's counter:
I think Simpson's counter is flawed for two reasons: 1) Google's brief isn't that wrong headed. 2) While I have vaguely read many non-commital assurances from Google that my information is not being abused, I recall no contract that my information was going to be classified as private.
This was a discussion that came about long ago, when webmail was growing in popularity, and, now that I think about it, I can recall making a decision that the convenience of webmail, and a universal mail account that I could keep between ISPs and various other forms of connectivity was worth the probability that Google was using the contents to deliver advertisement. The fact that it was free made the offer that much more enticing. That many added-value services were employed by Google to keep me using their services isn't Google's fault if I decide to change my mind on the balance of convenience and security.
Google's example of a receptionist reading the intended recipient's mail, while possibly hasty, doesn't imply the economic contract that goes along with using the U.S. Postal Service. The policies of the USPS are mandated by law, funded from taxpayer sources and the sale of government issued stamps and is gauranteed, ultimately, by the stability of the U.S. Government. While, in a larger sense, Google has some gaurantees by the U.S. Government regarding their freedoms to practice lawful business, the privacy of email is not one of those gaurantees, nor have they, to my knowledge, offered a private gaurantee analogous to that offered by the U.S. Postal Service.
I don't have a record of all the things Google has said over the years about the privacy, or lack of it, related to the GMail service. Perhaps the facility and ubiquity of it lulls one into a false sense of security. I would not be suprised if the arguments, if these are going to be the central themes of the trial, will result in a judgement that says, in effect: "While there may be some merit to the idea of an implied contract of some kind with email, either web-based, non-web-based, or both, this case does not meet the litmus of wrong-doing." Google will then consider, and probably ultimately reject, the idea of a secure, private, paid service and people will continue to expect that the USPS will at some point offer email.
"Take that, you hostile sons-of-bitches!" -- James Coburn, in the finale of _The_President's_Analyst_