Ex-Employee Is Liable For “Spamming”

A California Superior Court judge granted Intel Corporation summary judgment in its trespass lawsuit against a former employee who sent thousands of derogatory e-mails into the company's system. In Intel Corp. v. Hamidi, No. 98AS05067 (Cal. App. Dep't Super. Ct. April 27, 1999), Intel sued a former employee for illegally accessing the company's e-mail system over the last three years and sending more than 30,000 messags of a disparaging nature to Intel employees. The court concluded that this conduct, commonly known as "spamming," constitutes illegal trespass and rejected the ex-employee's argument that the connection of Intel's e-mail system into the internet converts the system into a public forum in which his speech was protected. The court concluded that, under federal and constitutional law, limited access for specific purposes does not convert private property to a public forum and the e-mails are not protected speech.

– COMMENT: This latest "cyber case" illustrates a growing trend of court rulings on technology in the employment law setting. Employers should prepare themselves for more cases and challenges to e-mail, voice mail and computer entries by implementing a specific policy addressing these areas. Please feel free to contact any of our attorneys should you wish to implement such a policy or policies.