Spitzer Sues Intermix Media for Bundling Spyware

CousinLarry writes "Attorney General and corporate watchdog Eliot Spitzer has filed suit against Intermix Software, alleging that the company deviously and deceptively bundles spyware with its 'free' screensaver and game products. 'Spyware and adware are more than an annoyance,' Spitzer said. 'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'"

Comments

At last...

[Bananatree3]

We really need these kinds of guys in our government. They honestly go after company deviousness, and are willing to prosecute them (and without being paid off).

Re:At last...

[Zordak]

That only works for Republicans. Spitzer's a Democrat. If you want to cast multiple votes for him, you have to be dead.

Let me just say it...

[Nimrangul]

On byhalf of all geeks with coworkers or family members: Excellent.

I hate having to spend hours a week cleaning people's dying machines of these damned things, they can completely make a system useless in less than a month with some of the less intelligent users out there.

Damn you Spitzer

[pHatidic]

If Spitzer puts spyware companies out of business, people won't switch to Apple anymore. This is all a conspiracy by Spitzer to drive down the price of my AAPL stock.

Mark my words Spitzer: I will bury you!

Spyware is hell

[BlackEyedSceva]

I do agree with this one. I find it completely unfair that I have to run Adaware Pro, Microsoft Antispyware, and Spybot just to get around the internet. We as the consumer should be treated with more respect. Buying a program with spyware in it is almost as bad as if one were to go to buy a sandwich and it had the cold virus in it. I am sure the government would have a problem with that. Why not take more initiative with this too?

Re:Spyware is hell

[Anonymous Coward]

I do agree with this one. I find it completely unfair that I have to run Adaware Pro, Microsoft Antispyware, and Spybot just to browse hardcore-porn and warez sites.

Fixed that for you. It's funny cuz it's true.

Re:Spyware is hell

[BlackEyedSceva]

While those are a major source of spyware and adware, it is hard to avoid problems when you are using public computers at a school. High School kids seem to find emoticon programs, search bars, and mouse pointer software amazing. It's to bad those like to bring along there freinds Alexia, Gator, and Bonzai Buddy.

Finally

[Anonymous Coward]

the goverment accually does something to protect our rights online

us 3
them 834

Re:Finally

[Anonymous Coward]

........where did the other 2 come from?

Re:Spyware?

[Nimrangul]

Bullshit, that is not how all the spyware out there gets on a system. It isn't all IE's fault, people downloading shitty flash, screensavers and games are how most spyware get's on a person's system.

How to solve these problems.

[rice_burners_suck]

'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'

As a matter of fact, I once had a run-in with exactly one of those spyware programs that frustrate your efforts to remove it from your computer. Mind you, this wasn't on any of my computers, which are Linux, FreeBSD, or Mac boxes. It was a secretary's computer at work, running Windows XP. Unfortunately, they still haven't listened to me about migrating away from that.

Turns out, this secretary went to some website using Internet Explorer, which we constantly tell people not to use. The site automatically installed some software without her knowledge. The complaint was that her computer was lagging and running significantly slower than normal. I checked the Registry, which should be called the Madnesstry, and found under various Startup locations that there were some ten similar programs running. I deleted all of the associated keys. Turns out, the software installs a daemon that watches the registry and reinstalls the key the instant you remove it. Trying to shut down that daemon or delete the actual EXE files from the computer is a futile effort. The damn thing monitors its own existance in every way that you can imagine.

Finally, I blew everything off the computer, installed Windows from CD, and personally locked down that box as far as you can say that Windows can be locked down, which isn't very far. Internet Explorer is hidden everywhere, and I actually put Internet Explorer icons that simply launch a window that says this computer is not authorized to launch internet explorer. Instead, there is Firefox and Opera to choose from. I also went ahead and created a blacklist of sites from here to Timbuktu. That solved most of the problems.

Re:How to solve these problems.

[drsmack1]

You wiped a computer because of spyware? What would you say if someone wiped their Linux box because Mozilla would not start.

Just about the same thing. I have not found any spyware that could not be removed. Maybe you actually have to look something up on the internet; but I guess it is a better story if "it was so bad that I had to wipe the box!".

Check out:

http://www.bleepingcomputer.com/files/killbox.php

and ...

http://www.pcworld.com/downloads/file_description/ 0,fid,23258,00.asp

And read a bit:

http://www.pchell.com/support/spyware.shtml

Not so hard if you really *want* to be able to do it.

Intermix Stock impacted

[fugas]

Seems like Intermix's stock took a hard hit due to this news today.

Dangerous precedent

[katana]

'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'

Great. There goes Minesweeper.

Thank you!

[showardkid]

Seriously, people: let's take a look at how perspectives are these days:

Whenever a hacker (or cracker, distinction here http://searchwindowssecurity.techtarget.com/tip/1, 289483,sid45_gci998037,00.html.) breaks into corporate networks, he's a CRIMINAL, and his purpose is evil. Even if he does not do anything that damages productivity, purported "loss of funds" can get him imprisoned.

Contrarily, when a corporation with no morals or respect for users releases a spyware program for research/marketing with illegal methods, Advertisement, Data mining, etc., no one tends to lift a finger. I salute Spitzer, and hope that this sets some sort of precedent to protect consumers and businesses from these sorts of programs that waste productivity and generally piss people off.

Intermix is not just spyware

[Tezkah]

It's worth noting that Intermix also runs the popular "networking" website MySpace. This site is used by lots of people, and many bands have pages set up on there. Billy Corgan of Smashing Pumpkins fame even has a profile on there.

Makes you wonder what they're doing with the information people put on there.

Re:Decisions

[C0llegeSTUDent]

Please. Removing spyware from someone's computer is the high-tech equivalent to cleaning toilets.

Spyware undermines productivity?

[RPoet]

'Spyware and adware are more than an annoyance,' Spitzer said. 'These fraudulent programs foul machines, undermine productivity and in many cases frustrate consumers' efforts to remove them from their computers.'

Why do I so often see spyware being framed like this? I've read many articles in the popular press about spyware. They always say that you should remove spyware because such software can make your computer slower.

Hello? It's called spyware. It's sitting there spying on you, for God's sake, and your only worry is supposed to be that your computer is slower than it should be? Are people really that indifferent to their personal privacy these days? Why aren't people outraged that some program has sneaked itself into their system and is now sniffing all of their network traffic?

The Marting Act - The A-Bomb Of Financial Lawsuits

[maxconfus]

If I was Intermix, I would be nervous. Spitzer the NY AG is able to go after this California company using what is called the Martin Act.

The push of the Martin Act is to arm the New York attorney general to combat financial fraud. It empowers him to subpoena any document he wants from anyone doing business in the state; to keep an investigation totally secret or to make it totally public; and to choose between filing civil or criminal charges whenever he wants. People called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act's powers exceed those given any regulator in any other state. Now for the scary part: To win a case, the AG doesn't have to prove that the defendant intended to defraud anyone, that a transaction took place, or that anyone actually was defrauded. Plus, when the prosecution is over, trial lawyers can gain access to the hoards of documents that the act has churned up and use them as the basis for civil suits. "It's the legal equivalent of a weapon of mass destruction," said a lawyer at a major New York firm who represents defendants in Martin Act cases (and who didn't want his name used because he feared retribution by Spitzer). "The damage that can be done under the statute is unlimited."

I agree with the lawsuit against intermix. Sneak software installs and that very annoying FlowGo email newsletter suck. If fraud can be established then whether it occurred on the Internet or over the phone or in the cash register at the local grocery store then it should be put down. On the other hand, I am not sure how much better I feel knowing what the martin act can do. Although, I doubt Spitzer would have been able to stop Wall Street dead in its tracks without the Martin.