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'Pop-up' firm seeks to block spyware act
Salt Lake Tribune ^ | 6/11/2004 | Glen Warchol

Posted on 06/11/2004 1:33:41 PM PDT by Excuse_My_Bellicosity

The Legislature's Spyware Control Act regulating Internet advertising is being challenged in court, where a "pop-up" ad company is asking a judge to block the law that took effect last month, saying it is "arbitrary and Draconian" and abridges free speech.

In the first of two days of testimony, lawyers for New York-based WhenU.com Inc. on Thursday tried to convince 3rd District Judge Joseph Fratto Jr. to delay the law's application at least until the legal objections are sorted out.

WhenU lawyers told Fratto Utah's statute is the first attempt in the nation to directly regulate how and where advertising may appear on the Internet, which should be a matter of interstate commerce subject to federal, not state, jurisdiction.

Representing the state, attorney Blake Miller told Fratto that in many cases involving spyware, computer users are "tricked" into accepting "bait" software, or are not fully informed of how it will affect their computer. Later, users find the software difficult to remove. The state says some spyware has malevolent intent and may be used to steal computer users' identities.

"This is a very real threat and a real concern," Miller said, adding that because the pop-up advertising industry is reaping millions, "Spyware is only going to get worse, not better."

WhenU maintains its advertising software, which is used by 21 million people each month, is only installed on computers with users' consent and does not gather private information.

WhenU offers computer users useful free software, such as weather monitors or screen savers, in exchange for allowing a "directory" program to be loaded onto their hard drives. The program tracks the user's Web browsing habits, then generates -- or "pops up" -- related ads on the screen. For example, a consumer browsing travel sites might be offered deals on hotels or rental cars.

WhenU chief executive Avi Naidern testified that Utah's anti-spyware law potentially could cause the company irreparable financial damage, not only through its "draconian" $10,000 per violation fines, but by driving away partners and clients out of fear they may be liable for violations of the law.

Two Utah companies, Overstock.com and 1-800 Contacts, already are wrangling in court with WhenU, complaining its software inundates their Web sites with competitors' ads, costing them millions.

As to the state's privacy concerns, Naidern said his software does not track or profile its users and remains unaware of their names, let alone their gender or e-mail addresses or credit card numbers. The software sends only anonymous information back to WhenU, he said, to track the advertising effectiveness and to bill clients.

Miller argued WhenU's "geo-targeting" software already has the capability to inexpensively lock out Utah computers as a group. "It would be a simple matter to comply" with the law, Miller said. "The doom and gloom is overstated."


TOPICS: Government; News/Current Events; US: Utah
KEYWORDS: spyware
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1 posted on 06/11/2004 1:33:42 PM PDT by Excuse_My_Bellicosity
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To: Excuse_My_Bellicosity

Death to pop-up and spyware!!!


2 posted on 06/11/2004 1:35:26 PM PDT by FormerACLUmember (One man in the right makes a majority!)
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To: Excuse_My_Bellicosity

Death penalty for popup distributers and spammers.


3 posted on 06/11/2004 1:35:54 PM PDT by Crazieman
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To: Excuse_My_Bellicosity

I would love to see the pop-ups go away, I have a slow dial-up and can't use Pop-up stopper, it takes so long for some pages to load.


4 posted on 06/11/2004 1:37:13 PM PDT by LooneyTick (Of all the things in life I've lost, I miss my mind the most!)
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To: Excuse_My_Bellicosity
In the first of two days of testimony, lawyers for New York-based WhenU.com Inc. on Thursday tried to convince 3rd District Judge Joseph Fratto Jr. to delay the law's application at least until the legal objections are sorted out.

... under the ever-popular theory that laws do not take effect until judgislators have had their say.

5 posted on 06/11/2004 1:37:24 PM PDT by thoughtomator (Yitgadal v'yitgadash Shmei Raba)
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To: Excuse_My_Bellicosity
BUMP so maybe someone can tell me how to block that damn GAIN/Gator popup on my new computer.

I hate it!

6 posted on 06/11/2004 1:38:06 PM PDT by Constitution Day (Burger Eating War Monkey)
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To: Excuse_My_Bellicosity
WhenU maintains its advertising software, which is used by 21 million people each month, is only installed on computers with users' consent and does not gather private information.

If this where actually true, WhenU would go out of business for a lack of clients...

7 posted on 06/11/2004 1:38:17 PM PDT by danneskjold ("Somebody is behind this..." - George Soros)
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To: Constitution Day

8 posted on 06/11/2004 1:42:21 PM PDT by B Knotts
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To: B Knotts

That ain't happening. Thanks.


9 posted on 06/11/2004 1:43:21 PM PDT by Constitution Day (Burger Eating War Monkey)
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To: Constitution Day

Get Spybot and Ad Aware and run them both (separately).

Run Spybot at least weekly thereafter, and Ad Aware daily.

It helps. A LOT!

That said, I ended up having to wipe my HD because I tried to manually remove gator and missed a few files. Reformatted and a NEW XP install, and no more problems.


10 posted on 06/11/2004 1:44:45 PM PDT by Don W ("Terrorism is now a reality. Do we want to be Carter and Chamberlain or Reagan and Churchill?)
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To: Constitution Day
Anyhow, I think AdAware removes that. I don't use Windows, but had to remove a bunch of junk from somebody else's computer, and it seemed to work fine.
11 posted on 06/11/2004 1:45:27 PM PDT by B Knotts
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To: Excuse_My_Bellicosity
WhenU offers computer users useful free software, such as weather monitors or screen savers, in exchange for allowing a "directory" program to be loaded onto their hard drives.

What a crock!
These slimebuckets expect to sell that argument in court? I know of no instance where they warn users that they are "... allowing a "directory" program to be loaded onto their hard drives." Fat chance of anyone allowing that, once they undestand fully what the consequences are.

12 posted on 06/11/2004 1:46:21 PM PDT by Publius6961 (I don't do diplomacy either.)
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To: Constitution Day
Hey...you can't blame me for trying! :-)

Someday...the lure of the penguin...you will find it irresistable.

13 posted on 06/11/2004 1:46:48 PM PDT by B Knotts
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To: Excuse_My_Bellicosity

I agree with Drudge -- as much as I hate pop-ups, they are a miniscule nuisance compared to the havoc which will be wreaked if legislatures use people's hatred of them to have an excuse to begin regulating the 'Net. Grin, click the close box, and bear it. It could be a LOT worse.


14 posted on 06/11/2004 1:46:53 PM PDT by JennysCool ("I'm not worried about the deficit. It's big enough to take care of itself." - RWR)
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To: FormerACLUmember

Anyuone who loads spyware on their machine has only themself to blame. Since pop-ups are so easy to block, anyone who gets them must want them.


15 posted on 06/11/2004 1:47:45 PM PDT by PAR35
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To: PAR35

Well, I sort of agree, but...these spyware companies are unethical in their approach. They trick people into installing their software, and then they do really rotten crap, like putting bogus entries in the hosts file, in order to keep the victim from being able to get to websites that offer decontamination software.


16 posted on 06/11/2004 1:50:28 PM PDT by B Knotts
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To: B Knotts
I have nothing against Linux, but I'm using XP to dial into the office now.
Mainly it's a matter of TIME. I already know XP and don't have enough hours in the day to spend time w/ my family, work, eat, sleep and Freep.

Know what I mean?

17 posted on 06/11/2004 1:56:03 PM PDT by Constitution Day (Burger Eating War Monkey)
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To: Don W
I have Spybot & Ad-Aware here @ work but haven't installed them yet. I'll give it a whirl.

Thanks!

18 posted on 06/11/2004 1:56:19 PM PDT by Constitution Day (Burger Eating War Monkey)
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To: LooneyTick; All
I'm one of those sometimes slow to change, but after a month I'm a firm believer in Firefox, because I can't remember one single pop-up since installing it.

Drudge, being a well known example, has three pop-ups nowadays on his site, but I never see them while using Firefox. This is better than any standalone pop-up blocker I've tried, including the Google toolbar and even the almost new Yahoo spyware blocking toolbar.

There's no need to throw IE away. I still use IE sometimes, such as with NOAA radar sites, which uses that dang Java. (I found Java for Firefox/Mozilla a crash prone mess, and do not recommend it).

I ask you to give it a try "straight out of the box" with sites that give you trouble.

Get Firefox

19 posted on 06/11/2004 1:58:17 PM PDT by JoJo Gunn (Intellectuals exist only if you believe they do. ©)
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To: Constitution Day

I had problems with Gain/Gator. I could always tell when it was loaded without my consent onto my machine, because it would slow me down to a crawl. SpyBot Search and Destroy did a very good job in removing it, but soon I would go to a website that would put it back on my machine again. Since SpyBot added the "immunize" feature, I haven't had the problem again. So get SpyBot Search and Destroy, scan for and delete the spyware, and then click on the "immunize" button.


20 posted on 06/11/2004 1:58:31 PM PDT by RedWhiteBlue
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