We don&#x27;t.[1] But expectation of privacy is a 4th amendment concept. Congress can extend greater protections to email by statute than the Constitution requires.<p>[1] In fact, I think it&#x27;s ridiculous to say that there is an expectation of privacy in something like GMail, which a third party not only <i>can read</i> but actively <i>mines</i> for personal data about you.