Spyware can constitute illegal trespass on home computers

A federal trial court in Chicago has ruled recently that the ancient legal doctrine of trespass to chattels (meaning trespass to personal property) applies to the interference caused to home computers by spyware. Information technology has advanced at warp speed with the law struggling to keep up, and this is an example of a court needing to use historical legal theories to grapple with new and previously unforeseen contexts in Cyberspace.

The lawsuit

In Sotelo v. DirectRevenue, the plaintiff filed a complaint against various defendants alleging that, without his consent, the defendants caused spyware to be downloaded onto his computer. In a nutshell, the plaintiff alleged that the spyware tracked his Internet use, invaded his privacy, and caused damage to his computer.

The plaintiff alleged the following five causes of action: trespass to chattels, consumer fraud, unjust enrichment, negligence and computer tampering, and he sought monetary damages and injunctive relief prohibiting the offending conduct.