Ruling Is Due on Mass E-Mail Campaign Against Intel

The question of whether a company has the right to keep others from sending mass e-mail to its employees could be answered today by a Northern California judge in a widely followed lawsuit involving Intel Corp.

Intel sued a disgruntled former employee, Ken Hamidi, after he sent e-mail criticizing the semiconductor giant to more than 30,000 of its current employees. Intel has argued that the e-mail assault was a form of trespass, an improper use of its internal computer networks and resources.

Hamidi, who also operates a Web site critical of the company and has had legal squabbles with Intel over workers’ compensation benefits, contends that his e-mail campaign is constitutionally protected speech, the equivalent of distributing fliers.

“Neither Intel nor I can claim any part of [the] Internet as our own private system as long as we are hooked up to this international network of computers,” Hamidi, a Sacramento-area resident, said in an e-mail to reporters last week.

Seeking to avoid a trial, Intel has requested a summary judgment in the case, asking Sacramento County Superior Court to make permanent the temporary injunction issued against Hamidi several months ago.