Nine individuals were denied a motion to file...

Nine individuals were denied a motion to file a class-action lawsuit against Google for violating user privacy by scanning email messages on Gmail, in a decision by U.S. District Judge Lucy Koh in San Jose, Calif., Tuesday. In her decision, Koh cited the “individualized nature” of each individual’s case, which would involve whether a consumer had consented to the scanning of email. “A fact-finder would have to determine to what disclosures each Class member was exposed and whether such disclosures were sufficient to conclude, under the Wiretap Act, that Class members consented to the alleged Google interceptions of email,” Koh said. The plaintiffs had alleged Google’s actions violated federal wiretap laws, which regulate unauthorized access to private electronic communications. “The individualized questions with respect to consent, which will likely be Google’s principal affirmative defense, are likely to overwhelm any common issues,” Koh said. Parts of the decision were redacted, as parts of many case documents have been, a decision decried by a number of media organizations and consumer advocates (WID Feb 20 p19, Feb 27 p6). Koh had previously rejected Google’s claims that wiretapping laws don’t apply to Gmail (CD Sept 27 p23).