http://arstechnica.com/business/2014/04/google-adds-to-tos-yes-we-scan-all-your-e-mails/
All sent and received e-mails in Gmail will be analyzed, says Google

Google added a 
paragraph<http://www.google.com/intl/en/policies/terms/archive/20131111-20140414/>to
its terms of service as of Monday to tell customers that, yes, it does
scan e-mail content for advertising and customized search results, among
other reasons. The change comes as Google undergoes a lawsuit over its
e-mail scanning, with the plaintiffs complaining that Google violated their
privacy.

E-mail users brought the lawsuit against Google in 2013, alleging that the
company was violating wiretapping laws by scanning the content of e-mails.
The plaintiffs' complaints vary, but some of the cases include people who
sent their e-mails to Gmail users from non-Gmail accounts and nonetheless
had their content scanned. They argue that since they didn't use Gmail,
they didn't consent to the scanning.

US District Judge Lucy Koh refused Google's motion to dismiss the
case<http://arstechnica.com/tech-policy/2013/09/lawsuit-alleging-gmail-ads-are-wiretapping-gets-judges-ok/>in
September. Koh also denied
the plaintiffs class-action
status<http://arstechnica.com/tech-policy/2014/03/lawsuit-against-google-for-wiretapping-denied-class-action-status/>in
March on the grounds that the ways that Google might have notified the
various parties of its e-mail scanning are too different, and she could not
decide the case with a single judgment.

This is the full text of Google's terms of service addition related to
e-mail scanning:

Our automated systems analyze your content (including e-mails) to provide
you personally relevant product features, such as customized search
results, tailored advertising, and spam and malware detection. This
analysis occurs as the content is sent, received, and when it is stored.

While the new text makes the scanning practices very clear, the issue at
hand for many of the plaintiffs in Google's lawsuit is whether non-Gmail
users are obligated to be familiar, or were familiar, with the Gmail terms
of service even though they were not users themselves. The specific mention
of "received" content suggests Google may not want the burden of warning
non-Gmail users that e-mails sent to Gmail will be scanned.


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