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January 26, 2020

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

Trespassing in Cyberspace
Last Featured: 4/26/2004

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

Can you trespass in cyberspace? When Ken Hamidi was fired from Intel, he channeled his anger into a series of emails he then sent to thousands at Intel accusing the company of mistreating employees. He says he was exercising his First Amendment rights and even included an unsubscribe option for those who did not want to receive future emails. The company fought back by suing him for trespassing. According to Intel, the unwanted emails were breaking into and entering the company server. This California case may be one of the first – but certainly not the last – to define what it means to hang a ‘do not enter’ sign on a virtual gate.

Eben Moglen is a Professor of Law at Columbia Law School. At 14, he began working as a computer programmer and, later, as a designer and developer of advanced computer programming languages at IBM's Santa Teresa Laboratory and Thomas J. Watson Research Center. After graduating from Yale Law School he clerked for Judge Edward Weinfeld of the U.S. District Court in New York City and Justice Thurgood Marshall of the U.S. Supreme Court. He currently serves, without fee, as general counsel of the Free Software Foundation , and, in 2003 was given the Electronic Frontier Foundation's Pioneer Award.

Richard Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago and the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution. He is also a director of the John M. Olin Program in Law and Economics. Epstein previously taught law at the University of Southern California and served as the interim dean. He is a member of the American Academy of Arts and Sciences and a senior fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School. A prolific author, Epstein has written numerous books and articles on a wide range of legal and interdisciplinary subjects.

Closing Quote
"If the human race wants to go to hell in a basket, technology can help it get there by jet. It won’t change the desire or the direction but it can greatly speed the passage."

— Biology Professor Charles Allen

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.
Intel V. Hamidi
Face Intel
Cato Institute
Electronic Frontier Foundation
New York Law Review
The Federalist Society
Cyberactivism: Online Activism in Theory and Practice
by Martha McCaughey (Editor), Michael D. Ayers (Editor), David Silver (Epilogue)
Steal This Computer Book 3: What They Won't Tell You About the Internet
by Wallace Wang
Whose Internet Is It?
Identity Theft