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Thursday, December 12, 2002

Location, Location, Location

The fascinating Intel v. Hamidi case received this attention recently from the L.A. Times. [via CIS] Is there some point at which unsolicited email can pose a sufficient burden to privately owned resources to constitute a trespass? If so, is the sender's act nevertheless constitutionally protected? It's an analysis fraught with other implications, as the principles involved arguably can be applied, for example, to things like search engines. (Tangentially related: No Links Please, We're European, via Spartaneity.) As the Times article mentions, when the California Supreme Court decides this case it will be the first high court of a U.S. state to rule on the "trespass to chattels" theory as applied to Internet related actions.

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