Trespassing

If someone accesses a computer without the consent of the owner, that person may be liable for trespassing on personal property, that "personal property" being the computer. A California court stated that a computer was considered personal property and that breaking into it was considered trespassing. Most states, including Texas, have trespass laws.

Trespass situations can include unsolicited e-mail (under certain circumstances). Mass e-mailers may be subject to liability for trespassing to the computers of Internet service providers and proprietary on-line services.

Unfortunately, to date, no court has answered the question of whether a bulk e-mailer may be liable for trespass to the computer of the ultimate recipient of the e-mail, such as the owner of a personal computer at home or business. However, some states have already enacted laws against unsolicited bulk e-mail (Washington, California, Maryland, and Nevada).

Note: Current federal law prohibits sending unsolicited ads by FAX.