Intel v. Hamidi Archive

Email Is Free Speech, Not Trespass

When former Intel employee Ken Hamidi sent email messages to Intel employees complaining about the company's allegedly unfair labor practices, Intel brought suit. The company won an injunction on a "trespass to chattels" theory, arguing that Hamidi's emails had harmed Intel's computers. EFF stepped in to protect Hamidi's First Amendment rights, arguing in a friend-of-the-court brief that there was no evidence to suggest that his email had threatened the integrity of Intel's systems. The California Supreme Court agreed, ruling that the tort of trespass to chattels does not encompass, and should not be extended to encompass, email communications.

Files in this Archive

Links to Off-site Resources

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Kazakhstan's authoritarian government is misusing U.S. law to silence and spy on its online critics: https://eff.org/r.vekw

Aug 4 @ 4:50pm

TPP talks ended in deadlock last week, but officials are as determined as ever to conclude this anti-user deal: https://eff.org/r.n8ew

Aug 4 @ 3:49pm

A milestone in EFF’s case: The Ninth Circuit will consider whether NSA’s “Upstream” spying violates the Constitution https://eff.org/r.b1s9

Aug 4 @ 3:47pm
JavaScript license information