Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Friday, April 8, 2011

Spam As Nuisance

Snehashish Ghost, Christ University, Bangalore, School of Law, and Santanu Chakraborty have published Spam: A Cyber Age Nuisance. Here is the 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.

Download the paper from SSRN at the link.

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