Saddle up, Google haters; there's a new posse forming that is going to go after the search giant for citing a past judgment to defend its email automated scanning systems.

"Just as a sender of a letter to a business colleague cannot be surprised that the recipient's assistant opens the letter, people who use web-based email today cannot be surprised if their communications are processed by the recipient's ECS provider in the course of delivery," said a motion filed by Google.

"Indeed, 'a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.' Smith v. Maryland, 442 U.S. 735, 743-44 (1979)."

Thankfully, the money quote is a citation from a previous ruling, which makes it even easier for the ill-informed posse to take it out of context and run with it. Nevertheless, the motion continues: