Cnet is reporting that in a 39-page motion filed in June (see below) to have a class-action data-mining lawsuit dismissed, the Web giant cites Smith v. Maryland, a 1979 Supreme Court decision that upheld the collection of electronic communications without a warrant.

"Just as a sender of a letter to a business colleague cannot be surprised that the recipient's assistant opens the letter, people who use web-based email today cannot be surprised if their emails are processed by the recipient's [e-mail provider] in the course of delivery. Indeed, 'a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.'"

Here is all of it:

Google Motion to Dismiss 061313 by steven_musil