Wiretapping laws apply to Google intercepting e-mails, federal judge says

Google’s practice of intercepting users’ emails is subject to state and federal wiretapping laws, a federal judge ruled.

Google’s intercepting users’ e-mail to better target advertising is not exempted under wiretapping laws, Judge Lucy Koh said, rejecting in part Google’s attempt to have a class action suit over its intercepting practices dismissed. “The alleged interception of emails at issue here is both physically and purposively unrelated to Google’s provision of email services,” Judge Koh wrote, meaning it does not fall under wiretapping law exemptions for necessary business practices. Non-Gmail users have given even less consent, Judge Koh said, rejecting Google’s notion that “by merely sending emails to or receiving emails from a Gmail user, a non-Gmail user has consented to Google’s interception of such emails for any purposes.” In a statement, a Google spokesman said the company is “disappointed in this decision and ... considering our options.”