I tried Firefox. It doesn't work for me because I can't think in Russian.
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."
I'm no lawyer, but can it be argued that the pop-ups and spy-ware are intruding on private property? or would they argue that they are like an incoming phone-call, which we do not have to answer?
The only problem with it is that when you refresh a thread, it reposts your last comment!
Mozilla Firefox and Pop-Up Stopper Pro make an unbeatable combination. Run AdAware daily for added protection.
We gave up on IE after my wife picked up some nasty spyware from a recipe site. It took days to clean all of the programs and cookies from our computer.
That would be my argument, as well.
I wonder if you really appreciate just how much worse it really is out there.
You ought to haunt just this one forum alone, dedicated to spyware and viruses. After a while, you'll come to see it really is much worse than clicking and smiling. (If anyone needs help, they can't go wrong posting here. AnnMarie in particular really knows her stuff).
Try PopThis! instead.
I agree. I'm harboring serious doubts that people are buying products and services that come up on the pop-ups. Anymore, those damn things repel more customers than they attract. You might get a few extremely gullible or mentally ill people to do it, but I'm betting that skiffy company is making money off fraudulent credit card transactions.
Adaware has worked great for me.
I think pop-up perps should be fined or jailed.
I tried Firefox. It doesn't work for me because I can't think in Russian.
I heard that WhenU has said nasty things about Islam and the prophet Mohammed in particular. Does anybody want to post their address and this fact to a jihadi message board?
After lawyers and IRS auditors, these guys must be on everyone's sh*tlist.
Try Ashampoo, which you can find on CNET. It's also a system utility, cleaner for registry, etc., etc.
Works great on my dialup; page loading did NOT degrade at all.
Only problem: you have to buy it--but they will negotiate a price with you. Take the 30-day test first.
As much as I despise spammers and popups, legislating against it is akin to using a high-power magnet to delete an unwanted file. Generally speaking, politicians are clueless about technology and layering on more regulations will just slow down development.
I'll have to try adaware again. I use the new spybot now, though.
I'm a dud with computers, but one time I got fed up with someone forwarding stupid emails to me. After I requested they stop a couple of times, I forwarded all of the copies forwarded back to the offender's server. I don't even recall how I did it, but the term is "bombing," I think.
It worked.
Could something of that sort be devised for these parasites? Defensive approaches are hog-tying us.
Right. So now it is time to do something at the federal level. I've sent letters to my representative and senators and got nothing but a form letter back. This is not about the 1st Ammendment. These firms are stealing my processing time and bogging down my computer with their crap.
Yeah, I feel the same way about those pesky murder laws.
I'll tell you what. I'll try IE right now just to see how it goes. Been a long time, now.
Spyware can come in on regular websites, not just popups.
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