Legal Question in Consumer Law in California

Criminal trespass

If a company downloads software onto my hard drive (which is my private property) without my permission, why can't they be charged with trespassing and if their software hurts me in any way (takes up space on my drive to the exclusion of other data)why are they not guilty of criminal trespass.

Thanks

Marc


Asked on 5/25/05, 12:11 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Criminal trespass

Go to the head of the class. There is a civil law concept called "trespass to chattels" that has been used in cases such as you describe. As far as "criminal" trespass is concerned, Congress just passed an anti-spyware bill. Whether it is any more effective than the Can-Spam Act (which says, yes, you can spam) remains to be seen.

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Answered on 5/25/05, 7:34 pm


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