Cashmore, Stuart on 21 April 2004 at 10:24 said:-
> If YOU choose to open a Gmail account, knowing that your e-mails will
> be scanned, then yes - you are giving consent.
The same situation would appear to apply to any business which eventually
decides to add e-mail advertising footers to all of their outgoing e-mails.
Employees would be giving consent by being employed I suppose.
Will Gmail also be used by political parties as a means of sending their
political advertising to individuals discussing certain topical matters? How
would it be possible to meet sensitive data criteria?
> If I have to communicate with you at that account then my e-mails to
> you will also be scanned - and I don't give consent. To use your
> analogy, I prefer to communicate with you by sealed letter rather than
> by postcard, but the postman is steaming the letter open first. That
> is the issue here surely?
Do Gmail scan incoming e-mail as well then? How can they legitimately add an
advertisement to an unsuspecting persons e-mail? But then again I suppose
the Post Office have done so for years.
It is certainly going to be interesting if ISP's start selling e-mail footer
advertising space, almost like having a conversation in the street and two
dozen or more passers by presenting relevant advertising/reading material to
those conversing.
Saundra Kae Rubel on 21 April 2004 at 15:37 said:-
> Gmail is receiving quite a bit of flack here in the US.
> Declan and his buddies have been debating it for weeks.
Would the US Fourth Amendment not apply as per the Supreme Court decision
Berger v. New York? "the Supreme Court held for the first time that
conversations are constitutionally protected in the same manner as are
persons and places under the Fourth Amendment." Or are e-mails not classed
as containing conversations?
Ian W
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