For five months, the Bourne family of Warwick, R.I., allegedly had an unwelcome intruder in their home –- the hardcore porn programming of the Playboy Channel. Now they are suing their cable provider for trespassing on their property.
The law of trespass has been used to combat computer viruses and spam e-mail, but the Bournes’ suit against Verizon Communications (NYSE: VZ) appears to ignore what distinguishes their case –- they could have avoided any exposure to “sexually explicit hardcore pornography” by simply not viewing the Playboy Channel.
The “unauthorized transmissions” into the Bournes’ home allegedly began in March. The family did not subscribe to the Playboy Channel and, the complaint says, repeatedly notified Verizon of “the harm that was being caused.”
“The Defendant, Verizon, continually broadcast and transmitted sexually explicit hardcore pornography into the premises after it had received notice of the prior unauthorized entries,” Robert Bourne, his wife and two children allege.
The suit also includes claims for negligence, nuisance and invasion of privacy, alleging that Verizon failed to maintain “reasonable and proper control over its equipment” and unreasonably intruded on the plaintiffs’ “right to physical solitude or seclusion.”
