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I read with interest your article, [" Justices divided over approach to unwanted e-mail," April 3]. This case shows the strong conflict between the right to free speech on the one hand, and the legitimate interests of users and system administrators alike in combating unsolicited commercial e-mail (or spam). The trespass argument is one that has been used successfully against spammers in the past, as I have shown students in my cyberlaw class, but the defendants in those cases were sending purely commercial messages. Still, anyone who has ever had to wait for tens of spam messages to be downloaded in order to receive the few legitimate ones understands the concept that a spammer interferes with the ability to use one’s property, namely a computer with an e-mail account. Ultimately, I do not believe the California Supreme Court would be stifling Mr. [Kourosh] Hamidi’s rights to free speech by holding in favor of Intel. Intel is not telling Hamidi that he cannot send messages to current Intel workers � merely that he cannot do so on Intel’s “dime” by utilizing Intel’s Internet connection and e-mail system, and taking the time of Intel’s MIS staffers and the recipients to deal with the tremendous volume of messages. No one would argue that Mr. Hamidi would be allowed to use Intel’s postage meter to stamp printed messages to be mailed to workers at the company. Allowing him to bulk e-mail via Intel’s system is essentially the same thing. Jonathan Ezor Huntington, N.Y.

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