No, Joe Blow is just some random dude. He did Sergey a solid once, and in return he gets access to all of Gmail. ECPA is a dead letter, and was specifically about government not private actions anyway.
My point, which admittedly I'm still not making clearly, is that it's weird to consider phone calls to be some sort of judicial fluke that was far outside accepted 4th Amendment jurisprudence. Americans didn't want the government listening in on their phone calls. Since we clearly couldn't elect a government that would abstain from that noxious practice, it was a good thing the third branch stepped in for a time to stop it. Maybe sometime in the future we'll be that fortunate again.
If one is uncomfortable with the Joe Blow example, consider how much worse it is for the government to be reading all of Gmail than it would be for Joe Blow to be doing that.
My point, which admittedly I'm still not making clearly, is that it's weird to consider phone calls to be some sort of judicial fluke that was far outside accepted 4th Amendment jurisprudence. Americans didn't want the government listening in on their phone calls. Since we clearly couldn't elect a government that would abstain from that noxious practice, it was a good thing the third branch stepped in for a time to stop it. Maybe sometime in the future we'll be that fortunate again.
If one is uncomfortable with the Joe Blow example, consider how much worse it is for the government to be reading all of Gmail than it would be for Joe Blow to be doing that.