in eBay; trespass requires more than use a use--it requires an actual or threatened interference with the physical functionality of the system. Although the vast majority of states have yet to determine the applicability of the trespass to chattels theory, the courts that have addressed the issue have applied Intel and required that the plaintiff demonstrate damage to the computer system. A supreme court in New York in School of Visual Arts v. Kuprewicz denied the defendant's motion to dismiss for failure to state a claim on the trespass to chattels claim because the plaintiff had alleged actual damage to the functionality of the computer system, which Intel requires; the defendant had sent enough e-mails that it reduced the computer system's functionality and drained the hard drive's memory. The Fourth Circuit in Omega World Travel, Inc. v. Mummagraphics, Inc. also followed Intel, although this resulted in granting a motion for summary judgment for the defendant because the plaintiff did not allege any actual damage on its computer system. The court clarified that Oklahoma courts have yet to recognize the validity of a trespass to chattels claim based on an electronic intrusion to a computer system, but if it were to recognize it, the plaintiff would need to allege more than nominal damages, which in this case it had not. Cautions on expanding the tort in the electronic context Although a number of commentators have expressed enthusiasm over the increasing "propertization" of intellectual property (that is to say, the increased application of real property doctrines to intangible property) and the extension of the trespass to chattels doctrine to computer networks, a number of detractors have expressed concern over the ramifications of extending the theory to protect electronic communications that do not actually damage the computer systems in question but only cause nominal damage due to their content. Primarily, these critics worry that extending trespass to chattels in this fashion would stifle free speech on the internet because any unwelcome email might constitute a trespass and may subject the sender not only to civil liability under the trespass theory but to criminal liability as well. This would presumably reduce people's willingness to communicate freely on the Internet and curtail the Internet's ability to function as an open, democratic forum. Particularly in situations where the electronic communication is an email that contains speech that is of importance to the public and the communications