Just for the second comment related to guilt: it is now an undisputed fact as Courts are concerned that evidence spoliation happened. They are looking for who inside Google was involved here.

Equivalently: there is a body, we know for a fact it was murder, and we know the killer is somebody here. Presumption of innocence will become applicable against whoever the prosecution goes as an individual. Not that the crime happened.

On the first comment: Google does use emails to target ads, so I am not sure what the argument is, could you clarify perhaps?