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."
IE is useless. Microsoft garbage. At least on this machine. I cannot tolerate pop-ups.
Uh...
Where can I get one?
There is a Firefox model for Microsoft Flight Simulator 2002/2004 available for download at http://www.thinkinrussian.org/
I'm pretty sure AdAware no longer detects Gain/Gator due to threats of a lawsuit. Spybot will clean it, though.
Oh yes, little old ladies want a piece of these guys.
;I'm no lawyer, but can it be argued that the pop-ups and
;spy-ware are intruding on private property?
Its my understanding that, under current law, a hacker is able to argue that they didn't know they were intruding unless the systems displays at login a message that declares the system to be for authorized users only or somesuch.
Which is why for the last half-dozen years or so every commercial system I've ever accessed has had words to that effect.
So my thinking is that unless your system displays just such a warning the argument that they are intruding would be weak.
I'm no lawyer either, don't play one on tv and didn't even stay at a holiday inn express last night.......
I'm using adaware, & we've got a copy of spybot on my kid's machine. She likes to play neopets, which means javascript, which means info-lice infestation. Disabling java helps in IE.
I no longer go to Drudge or Lucianne without giving my machine an adaware sponge bath.
I tried Mozilla a while back, and had problems with it. I don't recall much more than that it didn't get along with something else on my machine. I got frustrated and dumped it. But now I'm having second thoughts. What's the recommended browser among the techies these days?
The worst of it usually comes bundled with "free" stuff.
Sounds like you had a run-in with SpyKiller.
http://www.cybertechhelp.com/forums/showthread.php?t=24086
Be aware the spyware types are beginning to put "spy" and "spyware" something in their names to rope in the unsuspecting. Just be careful and use a critical eye about a program you haven't heard of. Ask about, either here or other places you trust.
I have high-speed JOI at 12.95 a month . I use a free pop-up block(Yahoo) and free ZoneAlarm firewall . I also use AVG anti-virus(free) and SpyBot Search and Destroy(also free). I have no problems now , whereas I used to before this inexpensive combination .
I have been hi-jacked a couple of times , and it sucks . these jokers should be strung up !!
Yahoo companion works great for me .... and its FREE .
You are SOOOOO right . I've found that ZDnet.com and Cnet.com are good resources for dependable downloads . They have reveiws on downloads and forums for troubleshooting .
You free speech ends at my front door, bud.
Be aware that ZDnet and Cnet has a few employees of MS and other companies who post comments. And those two sites have been known to post.... well, let's be charitable and call them questionable things, on their download pages.
For instance, Spyhunter 1.1.29 (at the moment I write this) is at the top of the Cnet page. Why? They're a paid sponsor!!! And unless I'm mistaken, Spyhunter is the same as Spykiller, which scans your system, many times erroneously identifying things as spyware when they're not, and wants almost 30 bucks to remove it. Uh, it was supposed to be a free trial to boot. (Read the feedback and Google Spyhunter).
http://www.download.com/?tag=cnetfd.sb
Concerning the Yahoo toolbar, you might want to read this.
http://discussions.virtualdr.com/showthread.php?s=&threadid=164793
Addenda: ZDnet and Cnet are owned by the same group.
Thank you for the heads-up !!
I highly, thoroughly, sincerely, recommend Firefox. With the available extensions, you can make it into a browser that works the same way you think. I rarely even see unwanted ads on web sites anymore since I installed AdBlocker, and I can't even remember what a pop-up looks like.
Haven't seen Spyware Blaster mentioned anywhere on this thread.
Take a good look at it, and note it is NOT repeat NOT actually scanning your system. BUT also note how it says "unable to remove items" and "click the OK button to remove items".
Just what the heck is this: C:\\My Documents and Settings\Shared Documents\Malware? (It's vague and undefined gibberish).
If you click OK, it will take you to a page run by Enigma Software, which offers SpyHunter. That page is also laid out to scare the unsuspecting. On that page are two links, which if you click on them will start the download. Don't do it. Just look at the page and absorb what dishonest types do to rope you in, compared to the real guys out there who bust their behinds to bring us anti-spyware and they only ASK for donations!
This is the kind of sewage that the FTC needs to come down on immediately. It's completely false and erroneous, designed to mislead people who don't know any better, or those who think that smiling will make it go away.
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