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[Eric Hughes]

   From: Brian Beattie <beattie at CSOS.ORST.EDU>

   I must assume that the actor who spams me or sends me unsolicited
   email or any email for that matter derives some benifit from this 
   activity or they would not do it.

Much tort involves perceived gain by the tortfeasor, but that doesn't
make it theft.

   If I make it clear that I do not wish to receive email from an individual
   or group and that individual or group continues to send email then I contend
   that they are using my resources in a way that I have not authorized.

So who are you making it clear to, if the parties sending the email
are anonymous?

Eric