2
CASE STUDY
Analysis:
Google Inc. Contended that while using Gmail services, the plaintiffs gave their
consent to the privacy agreement provided by Google to modify the contents such as those
originating from the translations, alterations or from other necessary changes to ensure the
better working of the client's content while using the service and clients (plaintiff's in this
case) by consenting to the privacy policies and terms of Service, unintentionally gave the
company requisite authority to spook over the same. Therefore, the plaintiff has consented to
Google to read their emails as mentioned in ECF No. 44 at 14–16. Google further claimed
that even if the non–Gmail users did not give their consent to the terms of Service or privacy
policies envisaged by google, their implied consent comes into picture while they send or
receive an email from the Gmail user id (Rushe, 2013). The court in the case of United States
v. Van Poyck, held that characteristics of a consent regarding interception can both be explicit
or implied provided it must be actual. Therefore, the court opined the view that if parties have
consented to an interception, then it cannot be held to be a infringement of the Wiretap Act.
18 U.S.C. § 2511(2)(d) (Rahavy, 2003). Furthermore, while giving their opinion about
another contention of Google regarding interception is natural as an ordinary course of
business, the court of law held that few of the acts such as spam control, can be considered as
an activity during the ordinary course of business in respect to an electronic communication
service provider, but the scope of the same is very narrow due to their instrumental
characteristics to the stipulation of email service (Dunbar v. Google, Inc.).
Conclusion:
It can be concluded from the fact of the case that, I cannot agree with the ruling of the
court as this is a case of a data breach and therefore it can be contended as stealing of data
which is a threat to the Christian Perspective. Therefore, the court should consider the facts of

+13062052269

info@desklib.com

How to Write a Case Study Know

Contribute Materials

Related Documents

Cyber Law