Intel loses case over unwanted emails from ex-employer

By Alun Williams

Posted on 1 Jul 2003 at 17:32

The US Supreme court has ruled against Intel in an email case involving an ex-employee.

The long-running dispute between Intel and Kourosh Kenneth Hamidi began six-years ago after Hamidi was fired by Intel. He responded by blitzing Intel's email system - sending complaints about its work practices to those who had been his fellow workers - and that's when Intel took legal action.

As the New York Times reports, the case also has legal implications for companies resisting spam.

While Hamidi had relied on a defence of free-speech, the court actually ruled on whether he had 'trespassed' on Intel's email system, which is the charge the company brought. The wider significance of the case is that the 'trespass to chattels' law is one that has been invoked against spammers. The law states that a third-party should not be able to use or harm an owner's property, and it has been invoked to prohibit junk emailers.

The paper quotes Dave Kramer, partner at the law firm Wilson Sonsini Goodrich & Rosati, as saying 'This is clearly one of the most important cyberlaw decisions of the year, if not the decade, because it is removing what could have been a serious impediment to the free flow of information on the Internet.' However, he also adds: 'For those looking for ways to prevent Internet abuse, this decision will not be welcome because it limits one of the weapons available to combat it.'

While the court said its ruling related to this case in particular and that it should not be applied directly to spam-related cases, the finding does not send a promising signal for the wider fight against spam. The US paper points out that the case 'raises the bar' for companies looking to block unauthorised access to their computers.