graeme_p - 1:10 pm on Aug 16, 2013 (gmt 0)
If you read the actual motion, that is a quote of what the judge said in a case Google says is a precedent:
see page 19
What Google is saying is that if you send an email to an Gmail address, you implicitly agree to Google's processing of email messages, including automated scanning to of the contents to insert relevant ads. Once you send the email to Google's servers, Google can do with what ever processing the recipient has consented to (and the Gmail TOS include the consent).
The argument is that it is not like a postal service opening a letter, but someone who has been asked to open letters by the recipient opening the letter.
a sender of a letter to a business colleague cannot be surprised that the recipient’s assistant opens the letter