[governance] Fwd: [IP] Google’s Gmail Keyword Scanning Might Violate Wiretap Law, Judge Finds

[Suresh Ramasubramanian]

You are talking past each other

A common carrier is a different beast altogether under US law. Generally a status telcos have, not service peoviders.

Intermediary liability and safe harbor are under other provisions altogether, see 47 USC 230

--srs (iPad)

> On 28-Sep-2013, at 3:44, parminder <parminder at itforchange.net> wrote:
> 
> 
>> On Friday 27 September 2013 03:58 PM, McTim wrote:
>> SNIP
>> Is Google a "carrrier"? In Kansas City they are of course, but I doubt you will be able to persuade any judge that they are (outside Google Fiber).
> 
> Yes, an email application service provider is a carrier of private emails, in the same sense as postal service is for snail mail. It should be subject to rights and restrictions of a neutral carrier. But while Google claims the rights of a carrier - in terms of claiming exemption from any intermediary liability, they do not admit the corresponding restrictions, for instance, that they cannot look into private communication, and monetise information thus collected.
> 
> parminder
> 
> 
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