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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."

17 of 170 comments (clear)

  1. oh please... by Quasar1999 · · Score: 2, Insightful

    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.
    1. Re:oh please... by Anonymous Coward · · Score: 3, Insightful

      no .. more like being pulled over by a cop for doing 60 in a 60 zone when the speed limit is going to change to 40 tomorrow ...

    2. Re:oh please... by Nos. · · Score: 5, Insightful

      Huh? Advertising a program that is supposed to protect/remove spyware but acts as spyware or a trojan does not at all compare to being pulled over by a cop.
      This guy is guilty of fraud.

    3. Re:oh please... by cob666 · · Score: 4, Insightful
      no .. more like being pulled over by a cop for doing 60 in a 60 zone when the speed limit is going to change to 40 tomorrow ...

      Not entirely correct. There is NOTHING wrong with going 60 in a 60 zone, regardless of when the speed limit is going to change. However, EVERYBODY knows that there is something wrong with installing software that interferes with the way your browser functions without telling the user what is being installed. And THEN, getting them to pay $30 to uninstall the software.
      --
      Do what thou wilt shall be the whole of the Law - Aleister Crowley
    4. Re:oh please... by Anonymous Coward · · Score: 2, Insightful

      No. It is like being stopped for reckless driving when there is no speed limit sign posted.

      It would seem that Wallace is guilty of fraud when his spyware removal tool is itself spyware.

  2. We have perfectly good laws to prosecute him under by AKAImBatman · · Score: 5, Insightful

    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.

  3. No, its not the same by nurb432 · · Score: 2, Insightful

    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..

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    ---- Booth was a patriot ----
  4. Another reason to use FireFox by Emperor+Shaddam+IV · · Score: 2, Insightful

    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.

  5. I'm not on his side, but by bsdbigot · · Score: 3, Insightful
    Whatever happened to "innocent until proven guilty?" Really, I'm appalled when stories like this come up and the great majority of /. posters cry foul.

    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.

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    main(){char I,l,O[]={'-',1-1,0,(1<<5)-1,0+'-',-10-1,-10,11-0,- 1,-100};for(I=l=0;l<10+0;put
    1. Re:I'm not on his side, but by Tenebrious1 · · Score: 4, Insightful

      Whatever happened to "innocent until proven guilty?" Really, I'm appalled when stories like this come up and the great majority of /. posters cry foul.

      That's only in a court of law, and /. ain't no stinkin' court o' law.

      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.

      In an enlightened world, perhaps. But in that enlightened world, we wouldn't have spammers and scumware writers in the first place. Just because the law presumes his innocence, does not mean that we the public can't have our own opinions.

      He's a witch, burn him!

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
  6. Vigilante Justice by Don+Tobin · · Score: 2, Insightful

    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 . . .

  7. NO by Exmet+Paff+Daxx · · Score: 5, Insightful

    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.
  8. Against the law. by www.sorehands.com · · Score: 2, Insightful
    There are general consumer laws of deceptive and unfair practices. What he did is like a protection racket -- a few guys walk into a restraunt and ask for protection money to keep people like them from breaking up their restraunt.


    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.



  9. Re:We have perfectly good laws to prosecute him un by AKAImBatman · · Score: 3, Insightful

    Yes, but the SpyWiper program is spyware itself. Thus it's fraud.

  10. Dangerous precedent by starling · · Score: 2, Insightful
    The complaint against Wallace says he and his companies' practices "cause or have caused consumers' computers to malfunction, slow down, crash, or cease working properly, and cause or have caused consumers to lose data stored on their computers."

    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.

  11. Re:Sure I do by schon · · Score: 2, Insightful

    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

    Bullshit. If the number of exploits scaled by popularity, why are there more bugs for IIS than for Apache?

    Try again.

  12. Re:We have perfectly good laws to prosecute him un by plover · · Score: 2, Insightful
    I know a guy who owned a tiny junk (oops, "antique") shop. 10 years ago someone walked in and asked him about the music playing on the boombox. The guy showed him the CD jewel case, and this other person says he's from ASCAP, and do you want to pay up now so nothing bad happens to you in a courtroom?

    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