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Causation, Spam, and Worms

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Hackers Jailed for Zotob Worm Attack provides an illustration of how the crime of trespass can be committed remotely by computer means, such as, in this case, by "creating and distributing the Zotob worm that squirmed through Windows 2000 networks in August 2005." Likewise, as argued here, spam can also be considered to be a form of trespass against property rights. But to view these as such requires a broader, less rigid, and more subtle theory of causation and responsibility, such as that discussed in my Causation and Aggression.

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See also Eric Sinrod's Trespass - An Ancient Legal Doctrine Gains Traction In Cyberspace.

Stephan Kinsella is an attorney in Houston, director of the Center for the Study of Innovative Freedom, and editor of Libertarian Papers.

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