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by dingaling 4644 days ago
Interesting, re: Section 632

> and that not all parties consented to the eavesdropping.

Are they indicating that when someone sends an e-mail to a Gmail account that they are implicitly consenting to the 'eavesdropping'?

As another poster pointed-out on HN a few weeks ago, sometimes it's not even clear if a domain is using Gmail. One would have to check the MX RRs first, before making a decision on sending.

Sounds like a useful postfix plug-in, actually...

1 comments

> Are they indicating that when someone sends an e-mail to a Gmail account that they are implicitly consenting to the 'eavesdropping'?

No, not at all.

There are, per the order, three requirements identified for a 632 violation: "(1) an electronic recording of or eavesdropping on (2) a 'confidential communication' (3) to which all parties did not consent."

The order finds the plaintiffs' case deficient on this point because: "Plaintiffs have not established that the communications at issue are confidential pursuant to section 632."