The antiquated tort of "trespass to chattels" has been used so successfully in cyberspace cases involving spammers and other unwanted computer intruders that it has created a powerful new cause of action -- dubbed "cybertrespass" -- that threatens the underlying open-access nature of the Internet. While this cybertort is controversial, no lawyer representing a client with an e-presence should ignore this developing case law.
December 12, 2002 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
::::FOOTNOTES::::
FN1 43 P.3d 587, 118 Cal.Rptr.2d 546 (Cal., Mar 27, 2002), prior report 114 Cal.Rptr.2d 244, review granted, previously published at 94 Cal. App.4th 325, (Cal. Const. art. 6, s 12; Cal. Rules of Court, Rules 28, 976, 977, 979), 18 IER cases 225, 1 Cal. Daily Op. Serv. 10, 296, 2001 Daily Journal D. A. R. 12, 793, Cal. App. 3 Dist., Dec. 10, 2001.
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