'Pop-up' firm seeks to block spyware act | Salt Lake Tribune

[Ediacara]

'Pop-up' firm seeks to block spyware act

By Glen Warchol
The Salt Lake Tribune

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.

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[Tarheel_Dem]

1. i'm all for protecting the 1st amendment.......

but, how does "spyware" qualify? my sister had to dump her computer & buy another because of that crap. eZula is the worst, i didn't think i'd ever get that crap uninstalled. Unsolicited software/spyware should come with a warning so you have the option not to accept it.

[Alexander]

2. Spyware should be banned.

Nobody should have to put up with that crap. If companies want to advertise, they can do it the old-fashioned way.