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Spam: A Cyber Age Nuisance

13 Pages Posted: 26 Mar 2011  

Snehashish Ghosh

Christ University, Bangalore - School of Law

Santanu Chakraborty

Independent

Date Written: March 26, 2011

Abstract

This project aims to explore nuisance caused by spamming. We will be analyzing an American case Intel Corp. v. Kourosh Kenneth Hamidi and focus on the dissenting opinion of one of the judges and illustrate how the principle of nuisance is more apt than trespass to chattel to prove that a spammer is liable for the loss of productivity or harassment suffered by the ISP and the end user.

The scope of the topic is to analyse the case law pertaining to spamming in USA, as it is most advanced in this field, and discussing at length the principle of nuisance and how it is apt in combating spamming. We have emphasized on nuisance so we would argue in favour of it and prove that trespass to chattel holds weaker argument against spamming.

Keywords: torts, trespass, nuisance, Intel, Kourosh Kenneth Hamidi, chattle, chattel, cyber, tort, spam

Suggested Citation

Ghosh, Snehashish and Chakraborty, Santanu, Spam: A Cyber Age Nuisance (March 26, 2011). Available at SSRN: https://ssrn.com/abstract=1796042 or http://dx.doi.org/10.2139/ssrn.1796042

Snehashish Ghosh (Contact Author)

Christ University, Bangalore - School of Law ( email )

Hosur Road
Bangalore, Karnataka, 560029
India

Santanu Chakraborty

Independent ( email )

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