The California Supreme Court today struck down Intel's injunction preventing a former employer from sending email to current employees. The majority decision, while informed by public interest considerations, did not directly rule on the free speech issues in the case. Rather, the opinion finds that the CA trespass to chattle law requires a showing that the email harms the computer server to which it is sent, or there is no tort, and that there are compelling reasons not to change that rule for the Internet. The full opinion is available here.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
Intel v. Hamidi
This case involves the question of whether a private entity can enjoin a member of the public from sending unwanted emails through its server using a trespass theory. The CIS filed an amicus brief arguing that private entities that own computer servers connected to the Internet should not be able to stop member of the public from sending emails to that server, absent a showing of harm from the transmission that outweight the public and private interest in the communication.
Ex-Intel worker's case goes to high court
by Anonymous, posted on March 30, 2003 - 1:38pm.
The San Jose Mercury News has an article on the Intel v. Hamidi case, Ex-Intel worker's case goes to high court. Jennifer Granick, director of CIS, is quoted.
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