G-mail lawsuit an ‘are-you-kidding-me’ type case, says U.S. academic

If the British Columbia, Canada lawsuit against Google for its data mining of G-mail is successful, it has the potential to make anti-spam and anti-virus software that scans emails illegal.

Similar cases have been launched in the United States, where Eric Goldman, a professor at Santa Clara University School of Law and director of the High Tech Law Institute, has characterized them as “are-you-kidding-me” lawsuits. “If electronic scrutiny of private email constitutes an interception then all anti-spam software violates that as well … the same probably with virus checkers,” Goldman said when asked about the lawsuit filed Thursday in BC Supreme Court. A Sunshine Coast man is seeking damages of $500 per email and an injunction that would stop Google from intercepting and using personal information it collects by scanning e-mails sent through Gmail. The statement of claim alleges that Google is violating the Privacy Act, infringing copyright and breaching the Competition Act.