Spyware Company Sues Utah Over Anti-Spyware Law

cgibby98 writes "An earlier Slashdot article talks about how web businesses oppose Utah's new spyware law. A story in Tuesday's Deseret Morning News says that WhenU.com filed suit Monday against the state, its governor, and attorney general, trying to keep the law from going into effect next month. The lawsuit claims the law violates WhenU's constitutionally-protected right to advertise."

Comments

Before anyone tries to claim the first ammendment

[Anonymous Coward]

The Supreme Court has ruled numerous times that commercial speech (advertising) can be restricted. It's not the same as political speech which gets a much higher level of protection.

Re:More lies?

[GuyinVA]

I'm not familiar with WhenU's software, but I find this hard to believe
It is hard to believe, 'cause it isn't true. WhenU installs are also a pain in the arse to remove.

My dad recently downloaded some desktop weather software (though I'm not sure why he wants to know the weather of his desktop), and this junk installed with it. I tried to duplicate the problem by installing on another machine, and was never informed that it [whenu] was installing. Luckily i tried it on a test VM, so I didn't get the pleasure of uninstalling twice.

What a PITA to find the bill text.

[oneiros27]

For anyone who's interested in the actual text of the bill (now law, I guess), it's not yet in Utah's laegal database, only the listing of current bills.

• http://www.le.state.ut.us/%7E2004/htmdoc/hbillhtm/ HB0323.htm

I just thought I'd share, so no one else has to waste their time looking for it. (I haven't read it yet, however)

Too Bad

[rgmoore]

I was trying to see WhenU's side of the story by looking at . Unfortunately, when I tried to go there, my company popped up its standard "We can't let you see this web site" message. The blocking category? "Spyware". Apparenly the State of Utah is not the only group that classifies WhenU that way.

Pending U.S. Senate Bills

[David Hume]

If WhenU.com is unhappy about Utah law, I can only imagine how they will respond if either the proposed Software Principles Yielding Better Levels of Consumer Knowledge (SPYBLOCK) Act or the Controlling Invasive and Unauthorized Software Act is passed and signed into law.

These bills have been covered by:

PC World

InfoWorld

ComputerWorld, and

TechNewsWorld

Re:Before anyone tries to claim the first ammendme

[Anonymous Coward]

Here's an explanation of government regulation of commercial speech.

The most notable case is Central Hudson Gas & Electric v Public Service Commission, which resulted in the Central Hundson test:

" The Central Hudson test recognizes the constitutionality of regulations restricting advertising that concerns an illegal product or service, or which is deceptive. For all other restrictions on commercial speech, however, the Court's test requires that the government show that the regulation directly advances an important interest and is no more restrictive of speech than necessary."

Lawmakers that are anti-spyware would likely consider it deceptive.

Re:Constitutional rights?

[Anonymous Coward]

America is going to legislate itself into a corner where everyone can be construed as doing something illegal at any time.

Going to?

There are already enough weird laws on the books to do that. In one way or another, whether you know it or now, we're all criminals under some law in some way. It's just a matter of whether it's worth the effort to prosecute us. Tomorrow morning, you could awaken to find that you've pissed off some bureaucrat somewhere and find a zillion small fine notices in your mailbox for stuff people do everyday without a thought.