Utah Sees First Spyware Case 123
denlin writes "According to a story at The Register: 'Overstock.com is set to become the first company to take action under Utah's new anti-spyware law. The company has filed a complaint against online retailer SmartBargains in the third district court in Salt Lake City. Utah's spyware law, the world's first, only made the statute book on 3 May. Utah is the only state with current spyware legislation, although California and Iowa are considering their own versions of the law.'"
This might work. (Score:5, Interesting)
I haven able to gather some interesting statistics about the "Parasitic" methods discussed in the article. The conversion of Visitors to Customer is about
In my humble experience the spyware companies and their affiliates target small startup companies luring them in with the cheap cost of getting new customers. Heck that's how they got me to spend 350$ on a campaign that ran on WhenU. For the money spend I received 0 Customers, 3 Complains and my CC being charged triple that took almost 30 days to resolve. But I receive at least 5 e-mails daily and at least 1 call per week from people advertising this exact same product.
Re:This might work. (Score:4, Funny)
Re:This might work. (Score:1)
Re:This might work. (Score:1, Insightful)
Re:This might work. (Score:1)
my teet image?
seriously though, I don't like it when people give cash to people who use it to buy mailservers in china to flood inboxes and produce spyware that I usually get the task of removing from various family members' computers... but ok..
Re:This might work. (Score:2, Interesting)
Re:This might work. (Score:2)
But what had you done if it did work ? The main gripe people have with this is that it is unethical - like paying a company that overpaint's ad süace others have rented on the street and put your ads there.
Had you continued using that if it got you a good ROI ?
Re:This might work. (Score:1)
A long answer would be Yes, if that method of advertising would not lower peoples oppinion of my company. I quickly realized that it would be dammaging to our reputation so we never tried it again. Like I said in my previous post, alot of small companies are coned into this type of advertising because they don't know what they are getting into. I did not know all the facts at that time. I get offers like these once or twise a week and I always turn them down, no matter the pot
Mad Utah Props (Score:3, Funny)
I'm getting sick and tired of low life no morals spyware companies knowing what me and my 5 wives are browsing on the internet!
Re:Mad Utah Props (Score:2)
Re:Mad Utah Props (Score:1)
Re:mod parent down as TROLL please (Score:1)
They're not convicted yet... (Score:1)
This will be interesting... (Score:5, Insightful)
Re:This will be interesting... (Score:2, Funny)
Re:This will be interesting... (Score:5, Informative)
Jaysyn
Re:This will be interesting... (Score:3, Informative)
I agree that both must be used to catch everything - and the corallary - Run both on all of the user profiles on a given machine
Don't stop there... (Score:4, Informative)
The moral of this extended story is: don't stop at one or maybe even two spyware-adware removers. Malware is clever and insidious and needs to be treated with a "cocktail" mix of software antibiotics.
Re:This will be interesting... (Score:3, Funny)
Is that a feature of MS Windows? I can't say I have seen anything like it on my PC...
Re:This will be interesting... (Score:3, Insightful)
If you're willing to download and install Bonzai Buddy or anything similar, you'll do it in your operating system of choice.
If Linux ever gets a foothold into the desktop market place, you'll see spyware popping up there too
Re:This will be interesting... (Score:2, Interesting)
Re:This will be interesting... (Score:5, Informative)
Though the "software license agreements" that most adware pushers have people page through seemingly give them the right do produce the pop up ads, this particular lawsuit addresses the end result -- the software equivalent of hiring someone to wear a billboard for your store to stand in the doorway of your nearest competition. Your hireling wouldn't necessarily prevent them from going in, but it annoys the heck out of the consumer, and infringes on the space of your competition.
--
sig: I'm not here right now, or busy. Please leave new sig after the tone.
Re:This will be interesting... (Score:3, Interesting)
Re:This will be interesting... (Score:2)
Damm, another fan of E. E. "Doc" Smith.
I think it's time to dig that series out again... was good up until the last book where everything got all metaphysical. High-brow sci-fi it ain't, but still a good space opera read.
Re:This will be interesting... (Score:3, Insightful)
You can't make a legal contract if you are uniformed or ignorant. This is why shrinkwrap license are rarely (ever?) held up in court.
Re:This will be interesting... (Score:1)
The term you're looking for is 'capacity to contract'. I could sign a contract and be released from it if it's proven that I didn't have 'capacity to contract'. This defence might be used if I were mentally ill or under age.
not in the right anymore (Score:5, Insightful)
prior to this law. Why do you think the law
was passed?
when it goes against the law.
Yay for completely unrealated situations... (Score:1)
Riiight... (Score:1)
Try this scenario... (Score:3, Interesting)
OK, I can tell him to always click no. But they word th
Re:Try this scenario... (Score:1)
Re:Try this scenario... (Score:1)
Re:Try this scenario... (Score:1)
Re:Try this scenario... (Score:1)
Re:This will be interesting... (Score:3, Interesting)
I actually seen one case where an IE window set to hide everything with the background color of blue opens up to make it look like you are experiencing BSOD. It also brings up another pop up window with a message in tune of "something is wrong with your computer and click on "Ok" to download a software to fix it". It looked like a real deal execpt for the fact that the popup
Re:This will be interesting... (Score:3, Insightful)
That's nothing (Score:2)
There's a really great/awful "Citibank" scam that javascripts images that mimick the address bar and secure status bar, plus javascripting a fake verisign popup. It took netstat'ing to convince a coworker it was fake.
None of this particularly makes me regret running Linux, personally...
Re:That's nothing (Score:2)
I saw that too on some email my wife got. I prompty rewrote my automated form filler to create checksum valid credit cards and submitted about 10000 of them. My only problem is that it is in .Net so not to portable, and need the .net framework installed. Sorry, too lazy to learn Java and
Proliferation of stupid *ware invented words (Score:4, Interesting)
Ok, I get the idea that spyware is parasitic- but do we really need the cobbled together "parasiteware" to describe it?
Re:Proliferation of stupid *ware invented words (Score:2, Informative)
Re:Proliferation of stupid *ware invented words (Score:1)
You seem to have a few problems....
isnt should be spelt isn't
otherwise your sentence is perfect, no one should quible over not starting a sentence with a capital, grammatically inconsistencies, or spellling
What have you done with my dried frog pills?????
You're using my IP without permission, I'm going to sue, Sue, SUE!!!!!!!!
-Nivag
Re:Proliferation of stupid *ware invented words (Score:3, Funny)
Stupidware... Just one more word for the list.
A question (Score:5, Insightful)
Re:A question (Score:2, Interesting)
Re:A question (Score:5, Informative)
Re:A question (Score:2, Funny)
Re:A question (Score:2)
Ah, but wouldn't it be nice if there were such a clear distinction that could be made between commerce and politics.
Separation of church and state took some time, but has been beneficial for both, IMHO.
Separation of money and state will take some doing.
Re:A question (Score:5, Interesting)
Also, it really isn't free speech if it costs people something is it (bandwidth, etc)?
True overall, but everything costs someone something. Especially in the day in age where time is just as precious (if not more so) as the green that comes in. Taking a protest to the streets corridors off that section of pavement that you have paid for and costs someone time in detouring. But the issue gets mucky as this is also right to assembly. Now if we detract time altogether and only demand it to be a tangible product, we might see how we might be able to beat 'round this African lilac and escape the issue entirely. Ah, if only simplicity existed and people could show compassion and patience for another. But no, it is about your rights, and your rights require to interfere with other's rights. It just isn't as pen and paper write the laws, which is also why you see an influx of laws and the practice of law in the day in age.
Recently I was reading a press release on some big item having to do with copyright or the like, and one notable CEO or another said that since there are no laws that exist saying you explicitly can, it means you are not able to (sorry, I can't remember where or who, you'll have to take my word for it :)). So if it is not explicitly written they were saying, there's no rights saying you necessarily can do it. I found that highly repulsive as I figured laws existed as restrictions, not being a mode of checking whether or not you can brush your teeth with so and so toothpaste. Extreme I know, but this has everything to do with freedom of speech. OK, maybe I'm pulling freedom of speech into freedom of use, but I think a slow integration of the two is on the rise, where it becomes impossible to even discuss the technology being used as can be readily seen within this era of the DMCA. Companies wish to do away with these rights because it makes everything a lot easier on them ... no lawsuits for poor products, only being able to be enforced by the government that "works" for the people.
It's a quiet emergence I fear the majority is not ready for. But then I can also readily see they will never be ready for it. Interesting to see how things will turn out regardless.
Re:A question (Score:2)
As for the first amendment, it has nothing to do with advertising. If someone knocks on my door and refuses to leave, I have them arrested for tresspass. If they stand in the street yelling their spiel, they get arrested for disturbing the peace. There are NO first amendment rights to advertise!
Re:A question (Score:2)
Re:A question (Score:5, Informative)
I don't think you're even slightly well-educated:
"The First Amendment, as applied to the States through the Fourteenth Amendment, protects commercial speech from unwarranted governmental regulation." Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980).
However when you say "if it's not expressly forbidden, it's ok to do it" sounds more like Amsterdam to be honest.
Nope -- that's the English tradition.
Re:A question (Score:4, Informative)
I posted something [slashdot.org] in another thread that was related to this.
Part of it boils down to an unexplained aside in an 1886 Supreme Court ruling that grants corporations 14th amendment rights. This has been used to imply that corporations are 'citizens' and deserve the other rights too.
Also, it really isn't free speech if it costs people something is it (bandwidth, etc)?
I think you hit the nail on the head there - their right to freedom of speech does not grant them the right to use *your* private facilities to do it.
"I hope we shall crush in its birth the aristocracy of our moneyed corporations which dare already to challenge our government in a trial of strength, and bid defiance to the laws of our country." -Thomas Jefferson
Quite the law (Score:5, Informative)
Quite law, that. I wonder if it will work?
Hooray for Iowa (Score:4, Insightful)
Hopefully more states will follow suit and things can quiet down for a while before the Fed steps in and legalizes it.
Re:Hooray for Iowa (Score:2)
Re:Hooray for Iowa (Score:1)
glad to hear it (Score:5, Interesting)
I run linux and have never had to deal with spyware or adware on my own computer (though I hear one company is using .xpi to add a "search bar" to Mozilla). My parents, however, run Windows. My little sister installs programs from cereal boxes that are full of spyware, and I swear one of those programs caused porn pop-ups to be displayed on my computer.
So what I'm getting at, is that spyware is a huge problem and it's long time someone did something about it! It's just a pity that there hasn't been a government agency or a court brave enough to bring a big judgement against the industry. The fact of the matter is, these programs vandalize people's systems. They are a form of property damage. Plus they expose people to pornographic ads. They break so many laws already. It is too bad that there has to be legislation before someone can make them pay.
While they are filing suit... (Score:5, Informative)
I even tried to opt out of their email list and the onslaught continues. So before they start sueing people they need to examine their in house activites.
Re:While they are filing suit... (Score:2)
If I need to register for a website or anything that I suspect will result in a spam torrent, I hop over to hotmail, make a new account and within seconds I have a legit email that I can use for the registration and promptly forget about. I am probably commiting fraud by doing this but white collar prison vs spam is not a difficult choice to make.
Re:While they are filing suit... (Score:3, Interesting)
I don't give my real email address out to anyone other then bill companies (utilities, mortgage, student loans) and my family.
It is this reasoning that keeps me from getting any spam what so every on my work or home email addresses.
The only accounts I have spam issues with are my webmaster@domain.com addresses that I have
Re:While they are filing suit... (Score:1)
Re:While they are filing suit... (Score:5, Interesting)
You go there and register a name (say, august_zero@spamgourmet.com). Then, whenever you have to give out a displosable address, you make it string.n.august_zero@spamgourmet.com, where string is some unique string you'll use to remember this address and n is an integer ST 1 Far easier.
Re:While they are filing suit... (Score:1)
I can see a reason. (Score:1)
I can see two actually. One, you aren't violating the terms of service (If you were to make multiple hotmail accounts. Not your point, but it was his.) (and yes, hotmail and yahoo have both gotten much better lately.)
The second, you can tell who is selling/mishandling email addresses. If you register for a site with one of these, and then you decide you actually want to use the service longterm, you can be alerted to the possibility of letting one of your real addresses out into the wild.
(disclaimer:
Re:I can see a reason. (Score:2)
I used to do the disposable hotmail thing, too, but having multiple accounts is a real hassle. Multiple logins, passwords...it's irritating. Here, they all go straight to my real address, but as soon as one starts sending spam, I terminate it. And I can still recieve the legit mail from the others, something the hotmail method doesn't really allow for (you either use the same address for all spam--mean
Re:While they are filing suit... (Score:1)
PEACE OFFERING - Re:While they are filing suit... (Score:5, Informative)
Long story short, if you've unsubscribed via our website, and you are still receiving e-mails (promoting the latest deals), please contact postmaster@overstock.com
As a further peace offering, to be absolutely certain you are no longer bothered by unwanted e-mails (from us), feel free to contact me directly at: jon@overstock.com. I'm offering you this address as a token of my sincerity.
Overstock, as a company, is opposed to SPAM. I, as an engineer and administrator, detest SPAM, so please believe me that I sincerely want to make sure that you're not getting pestered by unwanted e-mails (from us).
This offer stands for any of the rest of you loyal Slashdot readers. Overstock has some great deals to offer you, but if you don't want to hear about them, please let us know (you can unsubscribe on the website, or contact us via either e-mail addresses I've mentioned). Thanks for your patience. I look forward to hearing from you and serving you.
- Jon Fullmer
the wrong direction (Score:5, Interesting)
Re:the wrong direction (Score:2)
Consumers would need to sue for unauthorized use of their systems or something along those lines.
Re:the wrong direction (Score:2, Insightful)
13-39-201. Prohibited conduct.
(1) A person may not:
(a) install spyware on another person's computer;
(b) cause spyware to be installed on another person's computer; or
(c) use a context based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on an Internet website in a way that interferes with a user's ability to view
How is this the first? (Score:2, Insightful)
Gee (Score:1, Flamebait)
Re:Gee (Score:1, Flamebait)
Do you have a clue what sarcasm is?
Dumbass
Re:Gee (Score:1, Flamebait)
Another confused liberal, there's only two things you can do to them:
1. kick the bejeesus out of them.
2. give them a big enough raise to make them conservative.
Re:Gee (Score:2)
And yes I think Hatch is dangerous. He's an honest politician, by LBJ's definition: "once he's bought, he stays bought", by the MPAA, and RIAA.
Legal virusus (Score:3, Insightful)
Re:Legal virusus (Score:3, Interesting)
Spyware can be a good thing (Score:4, Funny)
He asked me "Why don't you ever have to deal with this crap on your system?"
I dropped a knoppix cd on his desk and simply said "Linux."
SCOware! (Score:1, Flamebait)
They criminalize Spyware. Yay!
They give birth to SCOware. Boo!
Can we have this law everywhere, please? (Score:2)
It is unfortunate that the IETF, or W3C, or some other democractic body who understands the issues can not be delegated the task of setting internet law. It should not be left to local or state level either, it is an international thing, it needs a
Targeted ads can be good for consumers (Score:1)
That said, I always use Mozilla and have Pop-up ad blocking. Still, the law should not ban ads if consumers WANT the pop-ups from competitors to services that they are visiting. Overstock risks crossing the line and acting uncompetitively in a way