I’ve not had a chance to read it, yet, but the transcript of the September hearing for the wiretapping case against Google is available. (pdf download)
January 16, 2014
Transcript of Google hearing
16January
September 30, 2013
This month in email: September 2013
30September
Looking back through the month of September there were a couple things talked about on the blog. Legal cases discussed I wrote quite a bit about the Google wiretapping case. In this potential class action suit, a number of plaintiffs are suing Google for intercepting emails in violation of the federal wiretapping statutes and state wiretapping laws. On September 5th I attended a hearing on...
September 27, 2013
Google wiretapping case, what the judge ruled
27September
Yesterday I reported that the judge had ruled on Google’s motion to dismiss. Today I’ll take a little bit deeper look at the case and the interesting things that were in denial of the motion to dismiss. Google is being sued for violations of federal wiretapping laws, the California invasion of privacy act (CIPA) and wiretapping laws in Florida, Pennsylvania and Maryland. This lawsuit...
September 26, 2013
Judge sides with plaintiff, refuses to dismiss wiretapping suit against Google
26September
Judge Koh published her ruling on Google’s motion to dismiss today. It’s a 43 page ruling, which I’m still digesting. But the short answer is that Google’s motion was denied almost in total. Google’s motion was granted for two of the claims: that email is confidential as defined by the California Invasion of Privacy Act (CIPA, section 632) and dismissal of a claim...
September 9, 2013
Questions on Google lawsuit post
09September
A couple questions in the previous discussion thread about the Google privacy case. Both concern permission granted to Google to scan emails. Google’s stance about this is fairly simple. Gmail users give explicit permission for their mail to be scanned. People who send mail to Gmail users give implicit permission for their mail to be scanned. The plaintiff’s lawyers are alleging that...
August 14, 2013
Gmail says no expectation of privacy, kinda.
14August
Consumer Watch put out a press release yesterday about a court filing made by Gmail that says Gmail users have no expectation of privacy. I pulled a bunch of the docs yesterday, but have had no real time to read or digest them. For recap users everything I pulled (and stuff other people have pulled) are available at Archive.org. The initial complaint was filed under seal at the request of Google...
December 17, 2012
Penkava v. Yahoo: dismissed
17December
Carson Penkava, who was suing Yahoo! under California wiretapping laws, filed for dismissal with prejudice at the end of November. No reasons were given. Plaintiff hereby voluntarily dismisses the litigation with prejudice as to his individual claims and without prejudice as to the potential claims of any absent putative class members. The rights of absent putative class members will not be...
November 26, 2012
Motion to dismiss in Penkava v. Yahoo case
26November
Earlier this month Yahoo filed a motion to dismiss in the Penkava v. Yahoo. This is the class action lawsuit where an Alabama resident is attempting to sue Yahoo for violation of the California wiretapping law. Here’s the short synopsis. People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that...
August 15, 2012
Penkava v. Yahoo: wiretapping
15August
According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.
July 9, 2012
Wiretapping and email
09July
An Alabama resident is suing Yahoo for violating the California wiretapping law. Specifically he’s suing under CA Penal Code section 631. The thing is, this section of the law deals with wiretapping over “telephone or telegraph” wires. That doesn’t seem to apply in this case as Yahoo isn’t using either telephone or telegraph wires to transmit their packets. Holomaxx...
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