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Gotcha! DNS Popup Scammer Fined $1.9 Million

Mister B writes: "A scam artist who trapped surfers mistyping their URLs (including those for children's websites) and barraged them with popup ads for pr0n and gambling has been busted to the tune of about $2 million. Apparently the FTC got ticked after having to close 64 separate browser windows! The FTC has a sense of humour nevertheless: the case name is 'Cupcake Party' (the scammer did business under 'Cupcake') :-) . More details at MSNBC and the FTC."

24 of 307 comments (clear)

  1. 1.8 Million ... by fire-eyes · · Score: 5, Insightful

    The court also has barred the defendant from participating in advertising affiliate programs on the Internet, and has ordered him to give up more than $1.8 million in ill-gotten gains.

    People like this will always keep doing shit like this as long as there are enough morons out there to manage to give this dude $1.8 million.

    Come on people, wake up.

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
    1. Re:1.8 Million ... by brinticus · · Score: 2, Insightful

      The article noted that the guy "FTC nvestigators said Zuccarini makes from $800,000 to $1 million per year by charging advertisers whose ads appear on the browser windows." So he got banged for two years salary. If he's been at it for three years, then given the huge payoff, I'd say it was worth it. FTC needs to put more bite into its rulings.

    2. Re:1.8 Million ... by Fishstick · · Score: 3, Insightful

      >The other day, intending to buy some Dr. Pepper, I accidentally picked up some Mr. Pibb instead. I am so scammed

      More like...

      the other day, intending to call my friend on the phone, I dialed the wrong number and got 42 phone calls from telemarketing companies trying to sell me phonecards.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    3. Re:1.8 Million ... by n9hmg · · Score: 2, Insightful

      More like...

      I flipped the DirecTV to "Mick" instead of "Nick" and suddenly, my tv began showing my kids "Hot Shemales who love Goatsex - Part XVII", removed all my programming restrictions, tried to subscribe me to all the pay-per-views, and every time I tried to change the channel or turn off the TV, it came back.

  2. How is this illegal? by Clue4All · · Score: 2, Insightful

    Sure, it sucks that you get hit with a bunch of pop-up ads, but what did he do that's illegal? You typed in the wrong URL that led you to a perfectly valid site and pull down data from it. Be more careful typing next time.

    --

    Is your browser retarded?
    1. Re:How is this illegal? by smart.id · · Score: 4, Insightful

      How about because it is illegal showing pornography to children under 18? There were porn pop ups on websites that children mistyped. You have to ask if the person is 18 before you can show them that content.

      --
      blog & fiction: jd87
    2. Re:How is this illegal? by smart.id · · Score: 3, Insightful

      Well if you are a 10 year old walking down the street, find a VHS tape labeled "Scooby Doo Cartoon," take it, then watch it, you have just stolen something which is a crime.

      And, what do you think, these 10 year old kids know what JavaScript is? Even what "pop-ups" really are? Give me a break, the majority of the people who get these popups don't know a thing about computers, HTML, JavaScript, popups, or even the Internet in general.

      --
      blog & fiction: jd87
    3. Re:How is this illegal? by Anonymous Coward · · Score: 1, Insightful

      Obviously he is under 18 and shouldn't be looking at this channel, so this means I should sue Playboy? No. I fail to see your argument.

      No. The person who is responsible for this would be the person who did not take the necasary steps to ensure that the minor in question could not access the adult material. In this case, that would be you. In your other example with the Scooby Doo tape, it would be the person who knowingly mis-labeled the tape, or whomever knowingly supplied the tape to the minor. In this case, it was the guy who knowingly placed pornographic adverts on a domain with the express intent of showing it to people who had mis-typed another domanin. In many cases, the advertising was pornographic, and the domain names were targeted at minors. Therefore, the person who was running the domanin name was responsible for showing adult content to minors.

      Whats so difficult to understand here?

    4. Re:How is this illegal? by bmajik · · Score: 3, Insightful

      You mean like DVDs that dont let you stop, eject, fast forward, or anything else while they display 5 minutes of fucking bullshit warnings ?

      Sometimes i just shut the DVD player off, because thats the only permitted operation. Does _anyone_ make a DVD player that doesn't suffer from this complete bullshit ? It is _ridiculous_ that the DVD spec seems to include the ability to say "you cannot fast forward this".

      Maybe Apex or someone lets me retain control of my own property. Anyone know ?

      --
      My opinions are my own, and do not necessarily represent those of my employer.
    5. Re:How is this illegal? by epsalon · · Score: 3, Insightful
      How is "showing" content legally defined?

      Lets trace back the process of images being shown to the minor from this site.
      • Photons emitted from the monitor reach the childs eye. Is the manufacturer of the monitor responsible? Unlikely, because it was not advertised as to prevent that.
      • Computer hardware sends a signal to the monitor to show given explicit image. Is the manufacturer of the hardware responsible? Unlikely, due to the same reason as above
      • Software running on the hardware manifets an image of the explict data and commands hardware to display given information on the screen. Is the manufacturer responible? Depends if it was advertised to be suitable for unattended use by minors. My guess is - no.
      • Software retrieves data from misspelled address as requested. No complaints to software here.
      • Minor requests misspelled site from software by typing the address. The minor is assumed not to be responsible.
      • Parent allows minor to use internet-connected PC unattended. The parent is clearly responsible, as the internet connection and the PC are not advertised to by suitable for unattended use by minors!

      Notice that nowhere in this chain of responsibility do we see the website owner. If I own a porn site called http://qwerty.com/ (not actually a porn site), and some child decides to type some characters on the keyboard when unattended, it's only the parents' responsibility.
      So, why regulate misspellings and not all short names? It's better to make sure parents understand that the Internet is not "safe" for children (if they see viewing porn as an unsafe activity for children, which I don't).
  3. What I fail to see is this..... by Chardish · · Score: 5, Insightful

    This website pops up 64 popups every time you visit it. Which is likely to be once, after you realize your mistake, you won't come back.

    This is considered criminal behavior. But what about companies like X10 or Casino-On-Net that you see about 30 ads an hour for, every time you try to use the web? In the end it is those companies that make you close more ad windows. I think that those are far more guilty. What about the pr0n ads that won't let you use the back button to leave, and if you try to close the window, they re-open themselves? I shudder to think how many thousands of popups from those companies I've closed in my lifetime.

    Of course, it's the browsers themselves that are allowing these popups to happen. I would bet that companies like Doubleclick are paying M$ and Netscape not to develop protection from popups within their browsers. But I'm a conspiracy theorist.

    -Evan

    1. Re:What I fail to see is this..... by kkith · · Score: 2, Insightful
      I would bet that companies like Doubleclick are paying M$ and Netscape not to develop protection from popups within their browsers

      Then use Opera.

      1. www.opera.com
    2. Re:What I fail to see is this..... by akandels · · Score: 2, Insightful

      Disable javascript. Or use the security zones to block javascript on every site except for sites that you explicitly enter as trusted. Or download popup stopper. I'm no fan of Microsoft, but it's not that difficult to stop that sort of activity.

  4. Re:I hope they make Gates pay half of it. by wo1verin3 · · Score: 5, Insightful

    Since when does people who can't spell count as a design flaw?

  5. The advertisers are getting screwed by Fizzlewhiff · · Score: 5, Insightful

    From the article: FTC investigators said Zuccarini makes from $800,000 to $1 million per year by charging advertisers whose ads appear on the browser windows.

    In this case the advertisers are getting screwed more than the poor sap who fat-fingered the URL. My question is "Do companies who advertise on the web have any control over how their ads are used?" Cupcake is getting paid by the popup and is really sticking to these advertisers and even moreso because the ads aren't really reaching a target market. I would think the advertisers have more to lose than the person browsing. With that in mind, how hard would it be to script a browser to feed off these popups by creating false hits and start bankrupting advertisers who really don't care how their ads are used.

    --

    'Same speed C but faster'
  6. Pandora's box is now opened even further by philipdl71 · · Score: 1, Insightful

    What's the problem with misspelled domain names? People should know how to spell something before they type it in, or if they are unsure they should use a search engine that can correct their misspellings to learn the proper spelling like Google does.

    What the guy did was wrong but trying to regulate misspellings is a bad idea. Every inch you give the government to regulate things on the internet is a mile that they will take in the future.

    The loopholes for this are abounding. The next guy to try this scam is going to do it in another country to avoid prosecution. There is no way you are going to stop this kind of behavior. We're better off telling people to make sure they have the name spelled correctly before typing it in or to check with a search engine first. Once these con's realize it's no longer profitable they will stop doing what they are doing.

  7. Re:glad by alphaseven · · Score: 5, Insightful

    I'm glad only a few people use browser's that block pop-ups. If everyone blocked pop-ups, then advertisers would just use harder to get around schemes, such as putting the content of the page in the pop-up and the ad in the page your browser goes to, or larger ads in the page.

    Slashdot knows a lot of their users block pop-ups so they put their ads on the pages they serve, plus they serve them from images.slashdot.org so that people can't block it on their hosts file.

    As long as only a small percentage of people block pop-ups and use hosts files I can surf the internet without seeing X-10 ads ever, so you should tell people that they shouldn't block pop-ups and that it hampers their web surfing experience.

  8. Not a troll, or a flaimbait, but.. by t_allardyce · · Score: 5, Insightful

    No, i'm sorry but i don't see the crime here. Sure the guy is a complete f*cking asshole, but thats still legal (unfortunately, as there are many many assholes around). If you type in the wrong url, thats your fault. If he was spoofing other sites or using they're graphics, thats a copyright issue. But opening pop-ups no matter how many is the fault of the browser.. and seeing as most people use IE, its Microsofts fault, just like with vbs virii (funny how its always their fault)

    "Victims of the scam should contact the commission"

    What victims??!? the stupid users who used stupid browsers that have bad security? (yes pop-ups are a security issue when they start eating your resources). What about the stupid advertising companies? he was in breach of their contract, they should have cancelled it.

    Apparently the FTC got ticked after having to close 64 separate browser windows! - judging by the use of the word "task bar" lets assume he was using MS Windows

    Well thats what you get when you use MS windows and IE. I would be pretty ticked too, but not at the site, at the appalling software design of Microsoft who hand the responsibility off saying "ohhh trusted system" no it isn't, its simple. Don't let sites spawn 100's of windows with your browser. Put in the necessary function to filter this, let the user say yes or no, let them close all the spawned windows at once, make the browser scan the script for this stuff. stupid developers.

    --
    This comment does not represent the views or opinions of the user.
  9. Re:Warez Bob? by Anonymous Coward · · Score: 1, Insightful

    And if it was released today in the era of millions of AOL idiots it would be the world's record selling GUI.

  10. When you know what you're doing is very wrong... by erroneus · · Score: 3, Insightful

    ...you should be punished to a VERY VERY high degree and with severe criminal penalties.

    It is inexcusable for people to be able to perpetrate such fraud and deception against people and expect to get away with it through denial and clandestine methods.

    He KNOWS he was doing something wrong and took extensive measures to hide himself from prosecution. These are not mistakes. These are not errors of judgement. These are not crimes of passion nor momentary lapses of reason. This is an evil bastard who, without remorse wanted to turn a buck at everyone's expense.

    People who unintentionally kill someone are more severely punished than this malicious person. It just seems to me that people don't "hate" crime enough to care about really addressing the problem.

    And it's also sad that with the millions of complaints by millions of citizens (and consumers) that it takes some annoyed government official to really get the ball rolling to address the problem of scum on the internet.

    So the message is that it's okay to piss off anyone except the people who can personally do something about it. The government doesn't represent the people any more... the government just represent themselves for their own purposes.

  11. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  12. How can you kneejerk for 9 paragraphs? by Anonymous Coward · · Score: 2, Insightful

    Fair enough, in the seventh you say he is a sleezebag, but what on earth does this have to do with free speech? Next thing you'll say, free speech means you can shout louder or broadcast white noise louder than anyone else; URL I dunno but there is also the argument against shouting 'fire' in a packed theatre which doesn't belong to you.

  13. Re:What a joke... by Theodore+Logan · · Score: 4, Insightful
    There are no exceptions, ever. None.

    *Ahem*

    There are a gazillion exceptions (think child pornography, nazi propaganda, copyright...) I hate to break it to you, but the world isn't black and white. There are exceptions to every rule, even this one.

    Besides, pretending like there is some profound ideological difference between a) fining this man for using pop-ups and b) removing the means for this man to use pop-ups is just plain silly.

    But this rant is pointless, since the obvious point of course is this: this has nothing to do with free speech. It has to do with the medium he uses to convey his "message." He is entitled to say "FREE XXX PORN!! HORNY XXX SLUTS!!" all he wants, he just can't do it this way. Very much like someone can't be allowed to go to a schoolyard where 7-year olds are playing and start screaming "HORNY TEENAGE SLUTS."

    Were this not moderated to 5 it would not be worthy of a reply. Actually, it isn't now either. I should have modded you to hell instead of writing this tedious rant.

    --

    "If you think education is expensive, try ignorance" - Derek Bok

  14. Re:The best is yet to come? by spike+hay · · Score: 3, Insightful

    I use Opera, and I am not familiar with these "pop-up windows" of which you speak.

    --
    If you don't understand any of my sayings, come to me in private and I shall take you in my German mouth.