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CA Court Says Trespass Law Cannot Stop Unwanted E-mail Without Proof of Damage

By Alexei Oreskovic

Companies besieged by unwanted e-mail can only invoke the California's trespass-to-chattels law if the messages cause actual damage to equipment or property, the California Supreme Court held recently.

Ruling 4-3 in a case that has been closely monitored in free speech and technology law circles, the justices said it is not enough if the unwanted messages only divert time and attention from employees.

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