• by Wendy Davis , Staff Writer @wendyndavis, March 5, 2014

For three years now, Google has been defending itself from accusations that it violates people's privacy by scanning Gmail messages in order to serve ads. Now, that high-profile case has sparked a new battle -- one that could be as significant as the original case about Gmail ads.

The new fight pits a broad array of news organizations against Google, which has filed a number of secret documents in the Gmail case. The news companies -- including Atlantic Media, National Public Radio, and The New York Times Co. -- say the public has a right to access material that could influence the outcome of the lawsuit. Two weeks ago, the news companies officially sought to intervene in the lawsuit, in order to unseal a host of documents that Google says should remain confidential.

The news organizations argue that Google “reflexively” requested to seal records, without providing a good reason to keep the information secret. “The gravamen of Google’s arguments in favor of sealing is a nebulous economic harm that could result from the public disclosure of any information about Google’s business model or technology,” the news organizations wrote. They add that companies shouldn't be able to keep these court documents secret without showing a “compelling” need for confidentiality.

The matter is pending before U.S. District Court Judge Lucy Koh. She previously ruled that Google potentially violates the wiretap law by scanning emails in order to surround them with ads. She specifically rejected Google's argument that people who send or receive Gmail consent to the automated scans.

The consumers subsequently sought class-action status and filed some of those papers under seal. Google, which opposes class-action certification, also has asked that portions of its arguments be kept from public view.

This week, Google officially opposed the news organizations' request. The search company says that the news organizations' motion is “belated,” given that Google has already filed numerous documents under seal. “The media intervenors never objected to any of these prior sealing orders, and they have published numerous accounts of the Gmail cases pending before this court without ever claiming that the limited sealing of confidential material has somehow hindered their ability to report on the issues raised,” Google argues.

For their part, the consumers' attorneys say they have no opposition to unsealing the records. They say that they only sought to file motions under seal because Google had asked for certain information to be kept confidential.

This isn't the only lawsuit where companies have filed court documents under seal. But it's one of the few where media companies have challenged the practice. The news organizations say in their motion that they are doing so because the outcome of the case could be far-reaching. “This case has the potential to not only affect the rights of the millions of class members, but also to set precedent on vital issues of first impression for privacy law,” the news companies argue in court papers.

The media companies are slated to file another round of court papers on Friday. Koh hasn't yet said when she will issue a decision.