Home > All, Security Issues > Google amends its Terms of Service

Google amends its Terms of Service

google logoWith most privacy laws you can pretty much do what you want provided you are up front about it. The key is the ‘informed consent’ of the user.

Google has been getting grief from legislators who claim that the complexity of its privacy policies make it impossible for users to be informed, and difficult for them to opt out if they do not consent.

One continuing argument is over Google’s scanning of email content in order to provide targeted advertising to Gmail users. The nub of the argument is that claimants say they have not given consent to this scanning while Google’s response is that consent is implied by use.

Now Google has made its practices explicit with a Monday addition to its terms of service. It has added a new paragraph:

Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Google Terms of Service

I think Google was correct in reality if not legality when it claimed that consent was implicit in use — most if not all users are perfectly aware that email content is scanned electronically. The new paragraph makes this explicit: informed consent is now given by use of Google services.

What I still find interesting is that this consent is said to apply to received emails. If a non-Google user sends me a message, how is that user giving consent for the message to be scanned by Google? Is it realistic for non-Gmail users to read Google’s terms of service before emailing a Google user?

I don’t believe it is. So who owns the content: the sender or receiver? Copyright would suggest it is the sender — in which case this amendment to the terms of service will go some way, but not all the way, towards solving Google’s privacy issues.

Categories: All, Security Issues
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