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FTC Files Spyware Case Against Sanford Wallace
An anonymous reader writes "Legendary reformed spammer Sanford Wallace is apparently back in business, under suspicion by the Feds for advertising a trojan spyware removal tool. Wallace 'admit[s] no wrongdoing', but in the next breath says 'The FTC is trying to enforce a law that hasn't even passed', referring to the proposed anti-spyware legislation currently in Congress."
That's like being pulled over by a cop for speeding, claiming you weren't, then pointing out that the cop wasn't even supposed to be there, since he was off duty...
---
Programming is like sex... Make one mistake and support it the rest of your life.
Wallace 'admit[s] no wrongdoing', but in the next breath says 'The FTC is trying to enforce a law that hasn't even passed'
If you're selling spyware as anti-spyware, that's fraud, genius.
Maybe he's hoping that the public will stand up for poor little him.
Javascript + Nintendo DSi = DSiCade
The Union Leader has more information. The part about the bankruptcy tells much about Wallace's character.
"You're older than you've ever been, and now you're even older."
Why hasn't someone Soprano'd this loser yet? You know these guys are never "reformed." I never bought it and this proves my skepticism. Spamford, I hope you die, you piece of waste.
False Adverising... Fraud... there's surely something else he can be chared with.
This is so creepy - I dreamed last night (in between the alien invasion and the date with Bon Jovi) that I had let a friend of a friend check her email on my computer, and when I came back to it there were spyware, pr0n, and other assorted nasties covering the screen. Every time I deleted one, two more popped up in it's place. I had just dealt with this on my laptop in real life and this bitch fubar'd my new machine!
/.
Now this story shows up on
Coincidence?
FRY THE BASTARD!
The House Between - Original Sci-Fi Series
It's more like the mafia. You need protection from what we just did to you. Pay up *and* continue to suffer all at the same time.
If he is correct that the law has not been passed, its more like the cop that stopped you for speeding has not taken his finals yet and is still in training..
It may be sleazy, but he is correct that if its not against the law yet.. there is little grounds to harass him on that factor..
Now, on day one of the law being passed, they should pounce..
---- Booth was a patriot ----
maybe those in the general public who have been apathetic to spammers and their activities will see that these just are people without ethics.
spammers are criminals who will stop at nothing to try to make a buck.
they prey upon the ignorance of the general public who gets a pc for home use, joke emails, and maybe for some simple pc games and companionship.
this behavior must be punished more severely or else it will continue to grow.
Is it 5:30 yet?
I'd like to send him a 'few' letters expressing my opinion of his business model.
Most spammers and spyware will go after the easy targets. PC's running IE as a browser, which is what most people, especially non-technical people will be using. So this is just another reason to use FireFox. FireFox will be safer until it becomes much more well used. Note that using Outlook is also dangerous.
The reality of the situation is, under the alleged crime(s) he committed, he has yet to be convicted. As such, he is entitled to be treated justly and without contempt, at least WRT the current situation.
As for his claim that there's no wrong-doing on his part, while then saying that the law hasn't yet passed - this is not a contradiction, at all, as the /. submitter implies. Until those things are made illegal, they are still legal and thus not "wrong," in the eyes of the law. That does of course fall to the ground in situations where the "wrong-doing," was initiated/perpetuated through fraud or other illicit activities, but the action in question would still not be wrong because it is not proscribed.
main(){char I,l,O[]={'-',1-1,0,(1<<5)-1,0+'-',-10-1,-10,11-0,
The Internet Spyware Prevention Act would give the Justice Department $10 million to crack down on companies and others that secretly install spyware and those who attempt to dupe victims into releasing personal details and financial information in e-mail scams.
What would you do with $10 Million. Could it be better used for education as these rulings wont cover EULAs nor the 600 North Korea Hackers.
In America, we would like to think all the world encompass the borders of the US, whereby we can extend our laws to any region yet there are some countries that refuse to enforce unscrupulous acts. What would North Korea do to this guy?
As for software and being installed; EULAs will just have a clause accommodating for the future law. Should something in a capitalist society prevent two parties agreeing to contract terms? If this guy's EULA didn't state the condition then he violated present laws such as fraud.
Yeah, because FireFox has never been vulnerable to same stuff as IE like those jpg vulnerabilities.... What's that you say? It was? How about the Shell Exploit then? Also vulnerable? Well I guess any software requires careful use then.
-]Phreak Out[-
This seems a bit more like extortion to me as he's doing something obnoxious to somebody and then asking for money to stop.
This may be the tactic that the FTC goes with in prosecuting.
There are a lot more security problems with IE than FireFox. IE has been out much longer and has a much more widely installed base. These guys have been writing stuff to exploit IE for years. FireFox will have its problems and exploits against FireFox will increase, as the Spyware/Script Kiddies start targeting it. But at this moment in the timeline, my friend, it pretty obvious that IE is much more dangerous to run in FireFox.
What he's doing is installing basic run of the mill spyware that has ads for spyware removal software:
Read my blog: HansMast.com
This whole "Firefox is safer than IE" thing is total and complete crap. Firefox lets just as many viruses and trojans and spyware through as IE does. How do I know? My virus checker catches them all of the time when browsing with Firefox. Using Firefox may be a bit better, but to say that "Firefox is safe" is a riduclous false sense of security that is going to get a lot of people in trouble because it's simply not true.
I don't respond to AC's.
I for one will start cheering on these FTC Vigilantes if they start nailing spyware producers. Could care less if they don't get to people in Asia or outside the US Borders I just want to have someone hung under the presumption of guilt and spyware.
Maybe I should see someone about that . . .
I ask this as a serious question - I don't know whether or not the wire fraud law applies to the Internet.
Squirrel!
It's like being charged with spyware offenses by the FTC while new spyware legislation is making its way through Congress.
Fuck your analogies. Wallace is still guilty of the 1000-year-old crime of fraud and they're going to nail him for it. New legislation may help further convictions. Film at 11.
If guns kill people, then CmdrTaco's keyboard misspells words.
Is there anything else the entire industry has accepted that you want to suggest is wrong?
But *does* it try and suggest the optional Adware/Spyware is supposed to remove Adware/Spyware?
Mosaic Netscape 0.9 - October 13, 1994
Interenet Explorer is derived from Spyglass, Inc.'s version of Mosaic. Microsoft licensed Spyglass's software in 1995
(reference www.wikipedia.org)
Originally, if you didn't read and just kept hitting "Next" you'd end up installing the spyware/adware...if you read the installer it would give you an option not to install the adware/spyware; but now the option not to install it [adware/spyware] is more pronounced so everyone chooses not to install the stuff!
Michael
http://s1.sfgame.us/index.php?rec=58163
If i read it he says: Yes i did it. This is not illegal because the law still has to be passed.
the ftc ask:
-stop selling that.
-stop the bloody script.
-tell us how much you sold.
Well i had this "buy spyware blocker" popup here in the neighbourhood. It seemed to be installad just by browsing. It gave popup when startin internet exploring.
it installed
{18FE630C-B441-5CC2-8356-63557BD77A19} WINNT\system32\bijntuvm.dll
i also noted an other popup for http://www.jarservices.com/
but it also showed popup that are not work save.
I hope they stop it.
But weren't spammers EXPERTS in complying with proposed laws? I recall the frequent references in spams of how it is in compliance with some bogus bills that were never passed...
ELOI, ELOI, LAMA SABACHTHANI!?
Spyware, like the CoolWebSearch trojan, exploit ActiveX and some other security holes in M$ JVM to secrectly install itself onto the victim's machine. The user doesn't have to do anything wrong. Simply visiting a website that has trojan embedded in one of its webpages is enough to get infected. IE is more than happy to allow this shit to happen without warning the user. This should never be allowed to happen. But for reasons unknown, M$ seems compelled to offer the keys to the system to the IE web browser. This is stupid. It's why you don't want to use IE.
This is the USA --- you're obviously new to the country. Ed Meese (Reagan's Attorney General) told us in the 80's that only criminals are arrested in this country. Then he was arrested, screaming "5th Amendment" at the top of his lungs...
Best,
Mal the Elder
Under California law, Penal Code 502 prevents his from installing unauthorized software.
Remember the guy in Georgia who installed SETI or some other software like that on the University Systems getting charged for doing that since he had no authorization?
The FTC has the power to take action against companies that act in a deceptive manner. They are not only going after GWP
but, also for selling penis enlargment pills that don't work.
Fight Spammers!
Spyblot blocked Avenue A,Inc and Doubleclick installs when viewing this article.
Yes, but the SpyWiper program is spyware itself. Thus it's fraud.
Javascript + Nintendo DSi = DSiCade
There's a good article about fatass, er Wallace over on Wikipedia.
In short:
- Wallace use to junkfax until the junk fax law went into place.
- Wallace formerly ran Cyber Promotions, the biggest spammer on the planet at the time, and specialized in things like relay repaying, false return addresses, and outright lying about his lists being "opt-in". It took a permanent injuction to get him to stop.
- Now he's doing spyware and demanding money from people with infected computers.
It's been said before and it's worth repeating again: Wallace has repeatedly shown little respect for other peoples' property and resources. He has no place in society. As far as I'm concerned, he should be locked up for the rest of his natural life.
If I sound bitter, it's because I had to deal with Cyberpromo junk (and that from their rogue ISP, AGIS, if anyone remembers them!) back in the 90's and know exactly how incorrigible he is.
And, be sure to fact-check ANYTHING that comes out of his mouth. I mean it.
TThat's what it costs me to reload .45ACP ammo, I'd be HAPPY to donate $0.48 for justice! ("Two in the chest, one to the head, and even the Jolly Green Giant will fall down dead" remebered THAT little ditty from boot camp...THANKS for the wisdom, Uncle Sam!)
Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
I'm always seeing these kind of suggestions. "Why are we spending money to do X when it could be spent on Y". Often the cost of X is a tiny fraction of the cost of Y.
The federal education budget was $59.5 billion in 2003. Maybe $10 million fighting spyware (which imposes costs on the economy through crime and lost productivity) isn't such a bad deal.
"I'm coming to join ya, Elizabeth!"
404 File Not Found
:-(
The requested URL (it/03/10/20/0234215.shtml?tid=111) was not found.
If you feel like it, mail the url, and where ya came from to pater@slashdot.org.
Proof that nobody actually reads the articles, not even the editors.
How popular is/was Internet Explorer? The largest resaon so much was found in IE was so much attention was given to IE since it is the largest browser by far, and was even larger in the past. Now, as Firefox is growing, it's being targeted. I've started seeing sties that try to send you a mozilla installer package if you are using Firefox, an ActiveX control if oyu are using IE.
If you seriously think Firefox is bug free, well you are sticking your head in the sand. The question isn't if Friefox has exploitable bugs, it does, everything does, the question is when one is found, what happens? The OSS community argues that this is where the strength is, it'll be fixed in a big hurry, so consumers don't have to worry.
Well the thing is, receant events are calling that in to doubt. Salshdot has reported on the two big security bugs in the last couple of months that sat unfixed for YEARS, basically until a big public stink was made about it. So it may be that in reality Firefox is LESS safe.
I use it, since I like it better, but if you think that it has some magic OSS shield that protects you, think again.
Also, the vast majority of spyware, including the spyware in the article, gets on through user stupidity, not exploits. This particular software is the popup/banner nature. It tells you to download it. Users do that, and then it's got them. Others provide some feature people want, like comet cursor, that then also spys on people. Still more just piggy back on top of other software, like the loads of shit that comes with Kazaa.
It's more like the mafia.
I'll throw in the RIAA, MPAA, etc...
I know a guy who used to own a bar. He sometimes had live music with local bands. He said he had some guys visit him from ASCAP one time. They tried to get him to buy into some license that would allow him to play ASCAP music. He told them that they wouldn't be playing any. The guys then told him that they would have no problem sending people in, and if they heard even one of their songs then they'd be after him. He tossed them to the curb and never heard from them again.
~Warning!~ The above is encrypted using rot676!
The FTC lawsuit is against Seismic Productions, which used to be registered to Walt Rines, Wallace's old spamming partner. Rines currently distributes a Trojan horse program called Kazanon that (falsely) claims to make users of the Kazaa file-sharing program invisible to the authorities. When asked about the legality of Kazanon, Rines said "If there's a grey area, I'm all for taking the opportunity, from a marketing standpoint."
Did you read what was written? It isn't that firefox has less problems, its that so few people use it that it isn't as likely to come up as a target. All software has bugs, and people are going to exploit them where they can get the most bang for their buck. As long as 90% (or whatever) of people are using IE, it can never be secure, no matter how much MS works on it. People will find the bugs and exploit them just because it does the most damage and because hey, it's MS we're talking about (who wouldn't want to throw a pie in their face?)
~Warning!~ The above is encrypted using rot676!
First, let me stress that this should not be done in IE, or even on Windows. You have been warned.
Second, check out http://www.freevegasclubs.com/. Specifically view source and look for the mp3 link that's hidden in comments. Download and hear Sanford's name. Note the irony when you read "Don't worry, we don't sell names to spammers!"
Third, check out this link (again! don't do this on IE): http://www.freevegasclubs.com/serve.cgi?1 This was obtained by going to a hidden link that redirected to this. Don't ask me what the original URL was -- I don't have a record of it right now. I discovered it earlier this week when my Snort detector went off with a WSH exploit and I noticed some of my internal minions being trojaned.
So what does that serve up? That would be his trojan code. A IE WSH exploit. It downloads and installs some files over FTP. If you go to the FTP site that's listed in the code, you can download all his stuff. Here's a breakdown:
I'm pretty sure the stuff that ClamAV doesn't catch are trojans and/or spyware. Just haven't had the chance to analyze and submit yet...
Have fun, and don't get caught without proper protection.
What about $10 million in eduational seminars and ads to inform users on how to protect theirselves?
Let's get Ted Kaczynski on the case! There's nothing a small bomb couldn't fix that Darwin couldn't.
"No beer until you finish your tequila!" -Leela's Dad
Ah. you meant anti-spyware education, not education in general. I see your point now. And I think that it is probably a good thing, given how some Americans seem to think about security.
It's only fraud if:
It makes a false claim.
Someone relies on the false claim.
Their reliance on the false claim causes them harm.
What?
So says Spamford:
...just when he was done saying stuff like:
Pot. Kettle. Black.
Even brick & mortar is full of that kind of thing. I work in telecommunications. Verizon, when one of my customers called (the Local telco controls where the LD calls get routed; in this they have a virtual monopoly) them to switch to us, offered them a better deal. It was incredibly unethical. I consulted with my supervisor and some execs at the companies that we resell for and they all said the same thing, "It's unethical, but it's not illegal. There's nothing we can do about it."
Read my blog: HansMast.com
I did read it. I was just contesting his implication that all software is untrustworthy. While I don't completely disagree with this, I would suggest that if we can select software that generally, by design, is much less suspectable to problems, it's a better choice. Firefox/Mozilla/other OSS browsers have chosen to not design shortcuts to cool functionality by tight integration with the OS like MS did with IE. In my day to day usage of Windows & Linux I truly don't find the API magic (read gaping security holes) that IE does to have gained me anything tangible. And certainly not at the cost of ~900% more vulnerabilities. Another important distinction mentioned in browser security analyses is that when IE gets compromised, usually the whole box is compromised, not so with non-Redmond browsers.
I'm sorry, are you actually comparing an extortion scheme with negotiation? There's a huge difference to the "we'll beat any price" mentality of open competition, than "buy this or else we'll cause you pain" which is exactly what his "offer" provides.
I infect your PC then sell you the tool to remove the infection. I can see how you would confuse that with a company willing to make a deal to keep an existing customer.
Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
The CERT Coordination Center has received reports of a vulnerability in implementations of the Java Applet Security Manager. This vulnerability is present in the Netscape Navigator 2.0 Java implementation and in Release 1.0 of the Java Developer's Kit from Sun Microsystems, Inc. These implementations do not correctly implement the policy that an applet may connect only to the host from which the applet was loaded.
CERT® Advisory CA-1996-05 Java Implementations Can Allow Connections to an Arbitrary Host
CERT® Advisory CA-1996-07 Weaknesses in Java Bytecode Verifier
Have you ever been to a turkish prison?
If you're selling spyware as anti-spyware, that's fraud, genius.
I don't think you understand what he's doing. He's infecting people with spyware that advertises his anti-spyware package. In other words, if you pay him, he'll fix the problem he created.
Reminds me of a story in the Chicago Tribune about 10 years back detailing the arrest of some men who were caught walking around in an industrial area shooting out windows with slingshots. They worked for a glass company.
Anyway, Wallace is always good for a quote. If you could bottle the whine coming out of his fat face, you'd put Napa valley out of business.
Do you have ESP?
...that pigfucker should be burned at the stake:
'Wallace dismisses consumers' anger over incessant pop-ups that gum up their computers. "Pop-ups have been around a long time. Just because they're an annoyance you shouldn't have to pay damages," he said.'
A mere "annoyance"? Motherfucker, I've seen computers that were UNUSABLE because of popups. As far as I'm concerned, if you turn a $1,000 computer into an unusable paperweight, you very much *should* pay damages.
Fuck. You.
Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
Just incase anyone cares:
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
SEISMIC ENTERTAINMENT
PRODUCTIONS, INC.,
SMARTBOT.NET, INC., and
SANFORD WALLACE,
Defendants.
Civil No.
COMPLAINT FOR INJUNCTION
AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), for its Complaint alleges as follows:
1. The Commission brings this action under Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. 53(b), to obtain preliminary and permanent injunctive relief, restitution, disgorgement and other equitable relief against the Defendants for their unfair acts or practices in connection with their marketing and their distribution of software programs to consumers in violation of Section 5(a) of the FTC Act, 15 U.S.C. 45(a).
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over this matter pursuant to 15 U.S.C. 45(a), 52, and 53(b); and 28 U.S.C. 1331,1337(a) and 1345.
3. Venue in the United States District Court for the District of New Hampshire is proper under 15 U.S.C. 53(b), as amended by the FTC Act Amendments of 1994, Pub. L. No. 103-312, 108 Stat. 1691, and 28 U.S.C. 1391(b) and (c).
PLAINTIFF
4. Plaintiff, the Federal Trade Commission, is an independent agency of the United States government created by statute. 15 U.S.C. 41 et seq. The Commission enforces Section 5(a) of the FTC Act, 15 U.S.C. 45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. The Commission is authorized to initiate federal district court proceedings by its own attorneys to enjoin violations of the FTC Act and to secure such equitable relief as may be appropriate in each case, including restitution for injured consumers, consumer redress, and disgorgement. 15 U.S.C. 53(b).
DEFENDANTS
5. Defendant Seismic Entertainment Productions, Inc. ("Seismic") is a New Hampshire corporation with its principal place of business located at 11 Farmington Road, Rochester, New Hampshire 03867. Since at least December 2003, and continuing thereafter, Seismic has marketed various products, including purported "anti-spyware" software called "Spy Wiper" and "Spy Deleter," on behalf of others. Seismic advertises these products through "pop-up" advertisements displayed to consumers using various Internet web sites that it controls, including the web sites at www.default-homepage-network.com and downloads.default-homepage-network.com. Seismic also downloads to and installs on consumers' computers various advertising and other software programs, including Favoriteman, TrojanDownloader and Clearsearch. Seismic transacts or has transacted business in the District of New Hampshire.
6. Defendant SmartBot.Net, Inc. ("SmartBot") is a Pennsylvania corporation with its corporate address at 3 Cobblestone Court, Richboro, Pennsylvania 18954, and its principal place of business at 495 Route 9, Barrington, New Hampshire 03825. Since at least December 2003, and continuing thereafter, SmartBot has marketed various products, including purported "anti-spyware" software called "Spy Wiper" and "Spy Deleter," on behalf of others. SmartBot advertises these products through popup advertisements displayed to consumers using various Internet web sites that it controls, including the web sites at www.passthison.com, object.passthison.com, and www.smartbotpro.net. In addition, the pop-up advertisements served by SmartBot also are displayed when a computer user visits various Internet web sites controlled by Seismic, including, but not limited to, www.default-homepage-network.com. SmartBot transacts or has transacted business in the District of New Hampshire.
7. Defendant Sanford Wallace ("Wallace") is or has been President and owner of Defendants Se
I haven't read this article, but if you read a few other articles on the situation, it clearly states that the "anti-spyware" program is in fact spyware itself. i.e. It only makes the problem worse instead of better.
Javascript + Nintendo DSi = DSiCade
I have seen ads these past 2 weeks with "Your pc is infected with adaware by lavasoft" would you like to remove it, dialog boxes.
I wonder if this guy is in charge of that. Good god.
http://saveie6.com/
"We tried that, and look where that got us in the SPAM war. I propose that we now 'shoot first' and ask questions later, assuming IT survives."
Wouldn't just about every software vendor in the world be guilty of these charges?
I'm not saying Wallace shouldn't be prosecuted, but they need to come up with something a bit more specific.
Also: I was not comparing incidents directly. I was using it as an example of unethical but not illegal behavior that is so prevalent.
I agree that what the person/companies in question did was/is despicable and it should be stopped/legislated against. My point is I don't think that it qualifies as fraud. You're right in that it probably could qualify as exortion, which is illegal.
Read my blog: HansMast.com
Didn't they just bust the guys who were exploiting Windows Messenger for that? Popping up messages saying "buy our product, and stop these messages!"
It's akin to extortion.
And now spyware.
I can't be the only one who thinks the world would be a better place if "Spamford" Wallace's mommy knew about Roe v. Wade.
No, seriously.
Turn him over to collections. It won't help his credit rating any if he refuses to pay his bills. I hope you kept copies of everything?
i am a soviet space shuttle
Those are cookies, not "installs" -- please understand what the hell you're complaining about, at least.
Now, I certainly hate those tracking cookies, but they're a far cry from actual, executable spyware code (e.g. actually installing a program) that most often gets installed by exploiting some of the many IE security holes...
"Dis is a noice compootah heyah. Be a shame if dese pop-ups keep coming. We can help youse wid dat for a vewy weasonable fee...."
//Information does not want to be free; it wants to breed.
The guy switched the boombox to an FM station and told him to pound sand. As far as I know, he never played a CD in the store again after that.
John
That may be fraud, but it starts with blackmail. I'm sure that these people have also infrected a good number of federal government computers, so we can probably add Computer terrorism to the queue.
(I mean, the law exists... Might as well use it someplace usefull, no?)
Free Software: Like love, it grows best when given away.
This crap from Wallace serves my company a great deal by helping to convince Windows users to switch to Linux, so they don't have nearly _as many_ virus, malware and spyware problems.
Maybe Wallace is actually Scottish for Torvalds.
I haven't read this article, but if you read a few other articles on the situation, it clearly states that the "anti-spyware" program is in fact spyware itself. i.e. It only makes the problem worse instead of better.
Heh. You're right. So he's working both sides of this from what I can gather. What a slimeball.
Do you have ESP?
...but as I always do when spam stories come around, please let me pimp two of my favorite anti-spam projects. First is Unsolicited Commando. It's a happy little Java app that spends its days filling out information forms on spamvertised sites with legitimate looking (yet completely bogus) personal information. Run it on your system and help make mortgage spams more useless and expensive! Secondly, let me point you towards a spam vampire page. It's IE only for now, but the source is available and hopefully it'll be functional in other browsers soon. The page sits and reloads graphics from spam sites over and over again to burn up their bandwidth - just like Slashdot, but put to a good cause. Load it up and fight dirty just like Sanford and his bottom-feeding friends!
No, really, he's addicted to this crap. It's like he enjoys getting people upset at him. Makes me wonder what the cause was though.
This sig no verb.
I wanted to see if the FTC charges were fair or not so I tried downloading his software to test it myself. I couldn't get very far because every time I ran his trojan spyware removal tool the first thing it did was remove itself.
-
- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
I believe that you are still liable for the payments to ASCAP even if you are just listening to a radio station, as long as it's for commercial purposes (like entertaining your customers). My father tried that, and got dinged for it.
I am shocked -- shocked! -- that SpamKing is still a fucking scumbag involved in slimey business practices.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
My interpretations, it doesn't have to be a binary executable to be spyware. The cookies like these and the google cookie that track everything you do, everything you search for, etc. and are used to report it back- it's spying on me. It's spyware. IT's not a spyware TROJAN as Sanford Wallace set up, correct. Different issue than this main article in some ways, similar in others. In hindsight maybe it was a little stretched but I found it ironic to have those blocks popup at that time.
Also not mentioned in the article is that another well known spammer, Walt "Picklejar" Rines, is also involved.
My page is at http://www.whitis.com/mailwiper.htm. To the people who believe Spamford when he says "I didn't break the law, I'm just doing something that you want to make a law against" I'd point out several things. First, all spammers claim to be innocent. Rule #1, spammer lie.
Fraud has been illegal for a long time. Businesses can be sued for damages caused by negligence, even if they *aren't* trying to cause harm - and Spywiper appears to be designed to cause harm. This isn't Spamfords first time to find something that he claims isn't illegal and get in trouble for it - he was part of the reason for junk fax laws. He's also lost several lawsuits over spam. I believe that some of them left penalties to be assessed later if he is caught spamming customers of the companies that won those suits. I suspect that if they were to check, they would find Mailwiper spam that puts him deeply in debt.
The "honest citizen" that you are defending isn't honest. He's just a con man. Always has been, always will be.
I think the way it's worded works out to be if you simply play a radio or put out a TV for your customers, it's perfectly legal. However, you can't tape record the radio and play it back, or play any other pre-recorded music or videos, without paying compensation to the artists.
The ASCAP guy can claim whatever he likes to frighten you into buying his license. I think the law says (or perhaps the court found) that since the radio station paid the artists, the radio station's broadcast is covered even in a commercial setting such as a store. My guess is that the ASCAP guy bets these small shop owners don't know the law, and it's cheaper to pay the blackmailer than it is to hire an attorney to find out for sure.
I think what ASCAP needs is for people who've been wrongly suckered into needlessly buying their licenses to contact their state's attorney general. If enough people made a loud enough noise, not only could they put an end to these sleazy tactics, but they could possibly recoup their losses going way, way back. A big enough class-action lawsuit could theoretically bankrupt these vermin.
WARNING: I AM NOT A LAWYER. I DON'T KNOW THIS STUFF FOR SURE, IT'S JUST STUFF I'VE HEARD OVER THE YEARS. THIS IS NOT LEGAL ADVICE. Do not remove under penalty of law. Your mileage may vary. Void if altered or removed. Blah blah blah.
John