councilor.org
| Source | Steve Zeltzer |
| Date | 99/05/01/22:54 |
| /* Written 10:42 PM Apr 21, 1999 by jdoug@ix.netcom.com in igc:labr.all */ /* ---------- "Labor Netter Hamidi Wins Email Ruli" ---------- */ Date: Wed, 21 Apr 99 18:37:09 -0000 From: Steve Zeltzer Ex-Intel worker wins court round: He wants to resume flow of critical e-mail messages By Eric Young Bee Staff Writer April 17, 1999 In a case with implications for free speech on the Internet, a judge sided with a Citrus Heights man who is battling Intel Corp. over the right to send Intel-bashing e-mail to thousands of employees at the microchip company. Friday's preliminary ruling by Superior Court Judge John R. Lewis allows Ken Hamidi to file a motion or go to trial to overturn a ban on his e-mail issued last December. Prior to the ban, Hamidi had been sending up to 30,000 e-mails a day to Intel workers alleging labor violations and other abuses by the company. "I'm glad today," said Hamidi, a former Intel employee. "This was a good decision and we go forward from here. . . . I want to send e-mails as soon as possible." An Intel spokeswoman said company lawyers will make oral arguments Monday to try to persuade Lewis to change his mind. Lewis will then issue a permanent ruling. Hamidi's case -- which appears to mark the first time a judge has barred an e-mailer from spreading personal opinions -- could help dictate the level of freedom that Internet users have in directing electronic mail to specific groups of people, accord ing to experts following the case. "Intel Corp. v. Hamidi is an important case . . . that could have a long-term impact on the relationship between speech and property rights in cyberspace," said Charles Nesson, a Harvard law professor and expert on Internet law. Intel said in court papers that Hamidi's electronic mail amounted to trespassing on their computer system and was "uninvited, disruptive and adversely affect(s) employee productivity." The company said Hamidi's e-mail campaign stretched from December 1996 until September 1998. Hamidi was an engineer at Intel's Folsom campus. In 1996 he was involved in an auto accident and left the company on disability. He said he was fired over a dispute concerning disability claims. After leaving Intel, Hamidi set up a World Wide Web site, called FACE Intel, that details Intel's alleged mistreatment of its employees. Hamidi said Intel went to court to stop his e-mails because the company disapproves of criticism. He maintains that his actions are protected by the U.S. Constitution. "I have never attempted to access Intel's intranet," Hamidi said, referring to the firm's internal system linking Intel employees' computers to each other. "Intel's attempt to obtain a permanent injunction against me to stop sending electronic mail is the equivalent of asking the government to stop me from sending paper mail through the Postal Service," Hamidi said. Intel said the company believes in freedom of speech. But the company said it is trying to stop mass e-mailings that could upset workers and disrupt the workday. |
Copyright (c) 1998, Joongpil Cho