This Note will discuss the issue of non-commercial spam through the prism of a case recently decided by the California Supreme Court, Intel v. Hamidi. Until recently there was no federal regulation for unwanted electronic communication and common law was the only potential solution. Part I of this Note will discuss the nature of spam, focusing on the distinction between commercial e-mail and bulk e-mail and the importance therein. Part II will detail the history and the legal doctrine of trespass as it applies to the Internet. Part III will summarize the case of Intel v. Hamidi as it struggled to apply the doctrine of trespass to the electronic medium of the Internet. Various legal justifications for a solution to spam will be presented. Part V will examine the potential for a market-based solution and assess recent federal legislation aimed at the problem.
Ashley L. Rogers,
Is There Judicial Recourse to Attack Spammers?,
6 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol6/iss1/15