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Google keyword scanning may violate wiretap law, judge warns

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By Steven Raeburn | N/A

September 27, 2013 | 2 min read

Google’s practice of routinely scanning messages sent via Gmail for keywords may be a breach of the wiretapping security laws in the United States, a Federal judge has warned.

The case will now proceed to a hearing

U.S. District Judge Lucy Koh said that the practice – which Google says it employs to target advertising and filter spam mail - may violate Federal and Californian wiretapping laws.

The decision came as part of a class action raised against Google which the internet giant unsuccessfully attempted to have dismissed.

"The court finds that it cannot conclude that any party — Gmail users or non-Gmail users — has consented to Google’s reading of e-mail for the purposes of creating user profiles or providing targeted advertising," Judge Koh said.

Google had endeavoured to argue that the scanning was accepted by users in their agreement to the terms of service.

Google said in a statement following the decision that it was disappointed at the ruing and was considering its options.

“Automated scanning lets us provide Gmail users with security and spam protection, as well as great features like Priority Inbox," Google said in an email statement.

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