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Spam At Work Gets Another Look
Spam At Work Gets Another Look
In our August 2003 issue, Jay Waks and Joshua Abraham reviewed the issue of workplace spam in their article entitled “A New York Perspective on Workplace Spam.” Messrs. Waks and Abraham addressed in detail the controversial California Supreme Court decision on the topic that held that an employer had failed to satisfy the harm element in a trespass to chattel action where its former employee “spammed” it with 175,000 emails. Intel Corp. v. Hamidi, 30 Cal.4th 1342 (2003).
The Waks-Abraham article opined that New York law requires significantly less evidence from an employer to establish a trespass to chattel claim — that evidence of mere possessory interference demonstrates the quantum of harm needed, even if imprecise, such as when the evidence shows that the employee's communications are an “unwelcome interference with, and a risk of interruption to, its computer system and servers … ” Register.com, Inc. v. Verio, Inc., 126 F.Supp.2d 238 (S.D.N.Y. 2000).
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