CompuServe Incorporated, Plaintiff, v. Cyber Promotions, Inc. and Sanford Wallace, Defendants.

Should tort law recognize spamming as trespass against an individual's property? If so, should there be some limits on who may sue spam senders?

Defendants were in the business of sending spam to Internet users, many of whom were subscribers to plaintiff's network and Internet service. Despite efforts by the plaintiff to stop the spam and the defendant's awareness that the plaintiff did not want spam to be sent to its subscribers, defendant continued spamming activities. The plaintiff claimed that the large amounts of spam burdened plaintiff's mail processing computer equipment and damaged the plaintiff's business reputation and goodwill with its customers.