A federal magistrate in California has dismissed a claim against Google alleging that the company violates the federal Wiretap Act by intercepting Gmail communications and reviewing and disclosing their contents to third parties. The court held, in In re Google, Inc. Privacy Policy Litigation, that Google’s alleged actions occur in the “ordinary course” of Google’s business and therefore fall within an exemption to the Wiretap Act’s prohibitions on intercepting electronic communications. The ruling came just 10 weeks after another judge on the same court reached the opposite conclusion. This is an issue critical to providers that scan users’ communications in order to deliver targeted advertisements or detect malware.