Calif. Senate OKs E-Mail Scanning Limits

The bill, approved 24-8, is a reaction to the Internet search powerhouse's plan to start a free e-mail service, "Gmail," that gives users a gigabyte of storage but attaches ads for products related to what's discussed in the e-mail.

Technology that allows e-mail content to be scanned could allow companies to "use our e-mails to create profiles on us, based on our most personal and intimate thoughts," said the bill's author, Sen. Liz Figueroa, a Democrat from Sunol.

Google had opposed an early version of the bill that banned scans of e-mails without consent from both the sender and recipient. But amendments shifted Google to a neutral position, company spokesman David Krane said.

The bill allows the e-mails to be scanned for marketing purposes, but prohibits companies from compiling the information into a database. It also bans companies from selling or sharing the information it gleans to third parties.

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While the bill was initially targeted at Google, Figueroa said she expects other Internet companies will develop similar e-mail plans. She said she wants to create rules for those services before they proliferate, because "once the information genie gets out of the bottle, it is impossible to put back."

The bill also requires that when customers delete e-mails, they are not stored by the e-mail provider.

Customers who don't like Google's privacy policy could choose another provider, said Sen. Tom McClintock, a Republican who opposed the bill.

Gov. Arnold Schwarzenegger hasn't taken a position on it, according to his office.

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