“Google’s alleged interceptions are neither instrumental to the provision of email services, nor are they an incidental effect of providing these services. The

“Google’s alleged interceptions are neither instrumental to the provision of email services, nor are they an incidental effect of providing these services. The Court therefore finds that Plaintiffs have plausibly alleged that the interceptions fall outside Google’s ordinary course of business...” From the e-mail case, but this logic would generate the relevant distinction. Their initial legal positioning seems open to question, but only time will tell.