Trespass To Chattels in The Electronic Age
The antiquated common law tort of trespass to chattels has been invoked in the modern context of electronic communications to combat the proliferation of unsolicited bulk email, commonly known as spam. In addition, several companies have successfully used the tort to block certain people, usually competitors, from accessing their servers. Though courts initially endorsed a broad application of this legal theory in the electronic context, more recently other jurists have narrowed its scope. As trespass to chattels is extended further to computer networks, some fear that plaintiffs are using this cause of action to quash fair competition and to deter the exercise of free speech; consequently, critics call for the limitation of the tort to instances where the plaintiff can demonstrate actual damages.
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Famous quotes containing the words trespass, chattels, electronic and/or age:
“Ye whose clay-cold heads and luke-warm hearts can argue down or mask your passions—tell me, what trespass is it that man should have them?... If nature has so wove her web of kindness, that some threads of love and desire are entangled with the piece—must the whole web be rent in drawing them out?”
—Laurence Sterne (1713–1768)
“... with autumn falling over everything;
The plush leaves the chattels in barrels
Of an obscure family being evicted
Into the way it was, and is.”
—John Ashbery (b. 1927)
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—Adrienne Rich (b. 1929)