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Cyber Beat Daily: Gmail Wiretap Lawsuit to Proceed + The Day's Top Tech Picks

The day’s top picks in social media and technology for 9/26: Gmail Wiretap Lawsuit to Proceed; mysterious ‘Adorable Care Act’ Twitter account; Hashtag convo in real life; student mentions bomb on social media, gets arrested; arrest in ‘Biggest Cyberattack Ever'; arrest in Miss Teen USA ‘sextortion’ case; creepy NSA cyberstalking; court to hear whether The Indianapolis Star must reveal identity of online commenter; Former Exel Transportation Services Employees Sentenced in Federal Corporate Hacking Case; Microsoft will support Xbox One for 10 years; child drowns as mom plays video games.

Read below for these stories and more.

Featured Story.

Gmail Wiretap Lawsuit to Proceed

A California District Court denies in part, and grants in part, Google’s motion to dismiss claims that its Gmail service violated state and federal wiretapping laws. Court grants dismissal of CIPA section 632 claims and Plaintiffs’ Pennsylvania law claim as it relates those who received emails from Gmail users.  Case will move forward on all other claims.  View court document here.
Google Must Face Most Claims in Gmail Wiretap Lawsuit

Some points from the court document:

  • “The Court finds that Gmail users’ acceptance of these statements does not establish explicit consent.”  
  • “Accepting Google’s theory of implied consent — that by merely sending emails to or receiving emails from a Gmail user, a non-Gmail user has consented to Google’s interception of such emails for any purposes — would eviscerate the rule against interception.”
  • “The Court does not find that non-Gmail users who are not subject to Google’s Privacy Policies or Terms of Service have impliedly consented to Google’s interception of their emails to Gmail users.”

Bet the NSA is happy to hear Google’s stance on the issue.

Social Media/Tech Trends, Happenings and Faux Pas.

A mysterious Twitter account has been using memes to promote Obamacare as the “Adorable Care Act.” (Take a look at the accounts it follows). NOTE: The White House says it isn’t behind ‘Adorable Care Act
Obama enlists furry friends to promote health care reform in animal-themed meme

Jimmy Fallon & Justin Timberlake show what a Twitter conversation sounds like in real life. (h/t @nytimesbits)
VIDEO: “#Hashtag” with Jimmy Fallon & Justin Timberlake

Student implied he had a bomb in his backpack. Police determined there was no actual bomb or immediate threat to safety.
Hudson Valley Community College (NY) student mentions bomb on social media, gets arrested

Hoaxes, Harassment and Hacking.

Remember that Spamhaus attack everyone labeled as “the largest known DDoS operation” ever?
16-Year-Old Arrested After ‘Biggest Cyberattack Ever’

This case is just outright creepy.
Arrest made in Miss Teen USA ‘sextortion’ case

Moral of the story: Don’t ever date an NSA employee. Or someone else who dated one.
12 True Tales of Creepy NSA Cyberstalking

Law and Order.

(Indiana) Supreme Court hearing case over whether The Indianapolis Star must reveal identity of online commenter

Pro-tip: Don’t hack your former company to take info to benefit your new competing business venture.
Former Exel Transportation Services Employees Sentenced in Federal Corporate Hacking Case


Now if consumer attention spans could just last this long.
Microsoft Plans to Support Xbox One for Ten Years

Let’s please blame her lack of common sense and not the video games.
Police: Child drowns while mom plays video games

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