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Publication

Network Effects and the Emerging Doctrine of Cybertrespass

Keamey, Daniel
Abstract
Recent years have seen a number of legal actions to block access to electronic networks and web sites. A phone company has sought damages for a teenager's unauthorized access of its network. An ISP has gone to court to block junk email, or "spam," from reaching its subscribers. In eBay v. Bidder's Edge3-the most important case of this kind--eBay successfully sought an injunction from a federal court to stop Bidder's Edge from using automated means to collect auction data from eBay's site on the ground that it was tying up eBay's server and bandwidth capacity.