A Hypothetical Question For The Computer Geeks


Posted by J.Fermaggio ® , Oct 06,2003,22:16   MetroBlab

If someone were to send a nasty email to various people at their workplace, is that activity considered criminal or just stupid?

As long as the email was mere criticism, and there were no threats of any nature in the text, is there an illegal element involved?

The IP is a public computer and the mail account is essentially anonymous (i.e., not pointing back to the sender in any way).

As far as I know, there is no federal law preventing sending noncommercial faxes to a telephone or fax machine. However I don't know about email that is not spam oriented.

Just curious . . .


Followups



A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- J.Fermaggio
Posted by gypsyfrocksbedlam ® , Oct 07,2003,21:33   MetroBlab

There's a big court case about this exact issue under way, involving a former employee of one of the big computer firms (Intel or Oracle or someone). He has sent lots of mass emails critical of the company to company employees through their company email accounts, and the company is suing him for misusing their email system or some such thing. Sorry I'm vague on the details. I'll see if I can dig up the specifics.

A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- gypsyfrocksbedlam
Posted by ilyich ® , Oct 08,2003,02:15   MetroBlab

It's Intel.

Here's an excerpt from an article in the the Sept Communications of the ACM. Sorry, it's a subscription site so no linky, but just google for "Intel" and "Hamidi", and I'm sure there's tons of stuff about it. I seem to recall that Wired had a big article about it in the summer.

----
Legally speaking: Unsolicited communications as trespass?
Intel v. Hamidi

[snip]

Ken Hamidi is a former Intel engineer who in 1995, with others, formed an organization known as Former and Current Employees of Intel (FACE-Intel) to share critical information about Intel's employment and personnel practices.1 On behalf of FACE-Intel, Hamidi sent six email messages to thousands of Intel employees over approximately a two-year period. These messages criticized Intel's practices and policies as abusive, encouraged recipients to join FACE-Intel, and suggested that Intel employees should find other employment. The email also informed recipients they could be removed from the FACE-Intel mailing list if they wished to do so, and Hamidi honored such requests.

Senior Intel officials quickly became aware of Hamidi's email messages and tried to employ technical measures to block further email from Hamidi. These efforts were only partly successful because Hamidi sent email from different computer systems in order to evade blocking by Intel. In March 1998, Intel demanded that Hamidi stop sending email to Intel computers. Hamidi claimed he and FACE-Intel had a right to communicate with Intel employees who had not asked to be removed from the email distribution list. After Hamidi sent another mass mailing in September 1998, Intel sued him in a California state court for unlawful trespass on Intel computers. A trial judge ruled in favor of Intel and ordered Hamidi to stop sending email to Intel computer systems. A divided Court of Appeal affirmed this ruling. In June 2003, a divided California Supreme Court by a 4-3 vote reversed and ruled in favor of Hamidi.

--modified at Wed, Oct 08, 2003, 02:29:03


and another exerpt

Re:
A Hypothetical Question For The Computer Geeks -- ilyich
Posted by ilyich ® , Oct 08,2003,02:25   MetroBlab

Why Harm Matters

Property rights are, of course, vitally important, but they are not the only issue in a trespass to chattel case. Trespass to chattel law doesn't just require unwanted use of another's property, but also some showing of harm. Authoritative sources on trespass to chattel law indicate the harm must be to the chattel itself.

The California Supreme Court majority opinion in Hamidi pointed out "[t]he consequential economic damage Intel claims to have suffered, i.e., the loss of productivity caused by employees reading and reacting to Hamidi's messages and company efforts to block the messages, is not an injury to the company's interest in its computers�which worked as intended and were unharmed by the communications�any more than the personal distress caused by reading an unpleasant letter would be an injury to the recipient's mailbox, or the loss of privacy caused by an intrusive telephone call would be an injury to the recipient's telephone equipment." Intel had, in the majority's view, not suffered a kind of injury trespass to chattel law was meant to redress.

But this was not the end of the California Supreme Court's inquiry. The court went on to consider whether trespass to chattel law ought to be extended to encompass the kinds of harms Intel claimed against Hamidi and whether the law should dispense with the harm requirement altogether in cyberspace trespass cases.

The Court was reluctant to do the former in part because it recognized that Intel employees were not distracted from their work because of the quantity of email sent by Hamidi, but rather because of the content of the email, that is, by the statements and opinions Hamidi expressed in these messages. The contents upset some employees and caused discussion among employees and between employees and their supervisors. The California Supreme Court majority observed that "Intel connected its email system to the Internet and permitted its employees to make use of this connection both for business and, to a reasonable extent, for their own purposes. In doing so, the company necessarily contemplated the employees' receipt of unsolicited as well as solicited communications from other employees and individuals. That some communications would, because of their contents, be unwelcome to Intel management was virtually inevitable."

The California Supreme Court recognized that extending trespass to chattel law as far as Intel wanted would create a precedent under which virtually any unsolicited communication could be challenged as a trespass insofar its contents were unwelcome by the recipient (an Intel employee) or the intermediate transmitter (Intel) by "fictionally recharacterizing the allegedly injurious effect of a communication's contents on recipients as an impairment to the device which transmitted the message." Fictions of this sort, the Hamidi majority concluded, "promise more confusion than clarity in the law."

The California Supreme Court was even more reluctant to rule that unsolicited communications could be challenged as trespass without any showing of harm. This would, as a law professor brief in support of Hamidi's appeal pointed out, mean that "each of the hundreds of millions of [Internet] users must get permission in advance from anyone with whom they might want to communicate and anyone who owns a server through which their message might travel." This would substantially reduce freedom of communications over the Internet�even unwanted linking could be a trespass according to this theory.

Although creating an absolute property right might force spammers to internalize the costs they now impose on users and ISPs, the California Supreme Court decided this rule "might also create substantial new costs, to email and e-commerce users and to society generally in lost ease and openness of communications and in lost network benefits." In view of this, the California Supreme Court declined to eliminate the harm requirement in trespass to server cases.


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- gypsyfrocksbedlam
Posted by J.Fermaggio ® , Oct 07,2003,22:13   MetroBlab

If you can find the link I'd appreciate it.

A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- J.Fermaggio
Posted by Michael ® , Oct 07,2003,16:15   MetroBlab

As far as I know, there is no federal law preventing sending noncommercial faxes to a telephone or fax machine. However I don't know about email that is not spam oriented.

Unsolicited e-mail, or e-mail from anonymous sources still qualifies as spam in my book. It may not be illegal, but it probably won't be appreciated.
~m.


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- J.Fermaggio
Posted by CARL CARLSON ® , Oct 06,2003,22:32   MetroBlab

just stupid, its pretty easy to learn whos cool at work and who may be offended, especially in an area with many religious folk...(not that theres anything wrong them)
CC.


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- CARL CARLSON
Posted by J.Fermaggio ® , Oct 06,2003,22:34   MetroBlab

Let me define "nasty" as being critical of the company. Nothing pornographic. Just text.

A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- J.Fermaggio
Posted by CARL CARLSON ® , Oct 06,2003,22:47   MetroBlab

oh , i see, well....i think maye u can word things as more of a "concerned" view rather than just a gripe......that way people may look at it as you are trying to improve things, rather than just trying to start negative support.hope this helps
CC


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- CARL CARLSON
Posted by J.Fermaggio ® , Oct 06,2003,22:55   MetroBlab

I guess this requires a bit more explanation. The email originates from a public email service, (i.e. Hotmail). The email is sent from a public computer, like one in a library.

Obviously, a WHOIS reveals the computer's origin. But how could it implicate any one particular person? Also, is an email that is critical of a company illegal, if sent to only people within said company?


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- J.Fermaggio
Posted by Ian ® , Oct 07,2003,09:49   MetroBlab

But how could it implicate any one particular person?

It'd be difficult to trace it back to a specific person (although in some cases it's a matter of how motivated someone is to find out). It's generally easier to figure it out from the syntax, diction, and content of the e-mail rather than any technical details about the e-mail itself.

is an email that is critical of a company illegal

I don't think so, in and of itself. It might have repercussions other than legal ones, though.


A Hypothetical Question For The Computer Geeks

Re:
A Hypothetical Question For The Computer Geeks -- Ian
Posted by J.Fermaggio ® , Oct 07,2003,18:14   MetroBlab

Thank you for the info Ian.