The dramatic growth of cyberspace has spurred the passage of legislation dealing with issues ranging from cybersquatting to protecting children on the Internet. On the other hand, the extent to which the common law may be adapted to the evolving law of cyberspace remains unresolved. However, it appears that the common law doctrine of trespass may become a potent legal weapon in certain cases for businesses and individuals subjected to unwanted e-mails.
Several courts that have analyzed trespass or trespass to chattels claims involving cyberspace have found that the unwelcome transmission of electronic signals through a computer system is sufficient to support a trespass cause of action. Courts have also found that the unauthorized access and retrieval of information from another party’s computer system constitutes a trespass to chattel when the unauthorized action affects the system’s performance or operation.
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