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Re:Google Accused of Wiretapping in Gmail Scans by gibwell on Wednesday October 02, 2013 @05:38PM (#6485567)
Your example case relates to browsing activity. That is very different from email.
Re:Google Accused of Wiretapping in Gmail Scans by DannyBee on Wednesday October 02, 2013 @09:16PM (#6486531)
"That is very different from email." [Citation needed] If they are really different, you should easily be able to find a 10th circuit case where they've said so.

(Though any pair of cases where an appeals court has said they are different would be fine!)