Nate Cardozo, a staff attorney with the Electronic Frontier Foundation, said he wasn’t surprised by Google’s legal argument.
“Google does more processing than most, but every email server processes emails that come in,” Cardozo said by phone. “Someone who runs an email server has to, as a matter of the technology.”
He said many email providers scan messages for viruses or spam, while Google has a track record on privacy issues. For example, unlike a number of other major internet companies, Google requires a warrant before it will release data to the U.S. Department of Justice.