'Pop-up' firm seeks to block spyware act

Salt Lake Tribune ^ | 6/11/2004 | Glen Warchol

[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."

[JoJo Gunn]

More addenda:

Out of fairness, let me say that I don't know if SpyHunter erroneously marks things as spyware, as that program SpyKiller did.

But they're both the same as far as telling you they want money to remove what they find.

Spybot S&D and AdAware will do donuts around them, and won't hold you hostage. Spyware Blaster will even help keep the critters from ever getting in to begin with.

[Jackknife]

THANKS AGAIN ! I am downloading Firefox as we speak . I read more about it this morning , and am intrigued . Getting rid of the Yahoo companion .

[js1138]

Spyware Blaster

http://www.javacoolsoftware.com/spywareblaster.html

is always the first thing I install on a machine. It disables the bad guys and prevents new ones from being installed.

If you have kids, they will not see the invitations to install spyware.

[Principled]

Glad you know of Spyware Blaster and could comment on it. It works so well that I forgot why I never get pop ups, spyware, or much adware at all.

While reading this thread, I remembered I had Spyware Blaster and looked at it again- I have downloaded the most recent version and it's so easy. Don't have to turn it on ever..it just works!

[dfwgator]

Use Mozilla, or the Google toolbar, problem solved.

[js1138]

I find the latest version of Spywre Blaster to have a slightly confusing interface. I had no trouble figuring it out, but it wasn't automatic, and the controls had non-intuitive labels. It does, however, tell you when it is enabled and when it isn't, so you know you have to do something.

The great part is that it blocks the come-ons, so kids do not have the opportunity to muck up your computer.