[bsullivan01]

>. It should be up to you, the user, not Judge Koh!

I'm sticking with Gmail.

whatever happens with the case appeal after appeal time will tell, but a group of users sued Google for the things mentioned in the lawsuit. So the judge didn't wake up one day and pick on Gmail for no reason, there was a lawsuit by users--not all Gmail users share your opinions--and the judge had to decide on a few things.

My guess is that most users don't know what happens to their email (scan and advertising profiles based on the content of emails) because Google isn't exactly publicizing this for obvious reasons. So that will play a role and they are way of testing this via scientific surveys and polls. As long as people know and consent to this, Google will have no problem. For example, you can record a conversation as long as the other person consent to it. Who and how they consented if the did, is the $64k question.