Google Fights E-Mail Privacy Group Suit It Calls Too Big

Google, fighting claims that it illegally scanned private e-mail messages, argues it shouldn’t have to face a single lawsuit that lumps together hundreds of millions of Internet users.

Google contends a nationwide grouping of people who sent or received messages through its Gmail service over five years would “amalgamate an unprecedented collection of individuals,” according to a filing in federal court in San Jose (CA). The amount at stake could reach into the trillions of dollars if, as the plaintiffs argue, each person is eligible for damages of $100 a day for violations of the Electronic Communications Privacy Act. US District Judge Lucy Koh heard arguments over whether to certify the case as a class action. Her ruling has implications for e-mail privacy cases assigned to her that were filed last year against Yahoo! and LinkedIn, which also have hundreds of millions of users. In each case, class-action status would allow plaintiffs to pool resources and put greater pressure on defendants to settle.