Major Advertisers Caught In Spyware Net

theodp writes "BW reports on Fortune 500 companies' use of adware - Sprint for its PCS phones, major banks peddling Visa cards, Sony and retailers including Circuit City. And Mercedes-Benz before the company, fielding complaints, put on the brakes. So far, law enforcement has mostly targeted the transmitters, but NY Attorney General Eliot Spitzer is threatening to hold accountable household-name advertisers that use adware networks. No longer, says Spitzer, can companies play dumb."

Comments

Good info from Ben Edelman

[Hulkster]

Ben Edelman has been writing about *&^%$#@! spyware for quite some time and not only provides information and actual video's of how these guys operate, but also untangles some of the financial backing of the companies and VC who are behind 'em.

The Big Green Guy ought to pay a visit to the spyware companies and do a World Wrestling Federation Hulk Drop on 'em! ;-)

Re:how bloody convenient...

[bckrispi]

Companies normally *do* hold subcontractors responsible for how they market their products. But those subcontractors may sub the work out to another company, who subs it out to another, who subs it out to someone who has a couple million email addresses. The Spammer is seldom just a one-off from the producer.

Re:End benefactor rule

[Xwild]

I'm a resident of NY, and I'd have to say, he IS a good guy from what I've heard in the news.

When northern NY was hit by the massive ice storm in 1998, Spitzer laid down the law on price gouging really quick. And even went so far as to get peoples money refunded.http://www.oag.state.ny.us/press/2000/dec /dec11a_00.html

Check out his office's website at http://www.oag.state.ny.us/ Quite possibly the most helpful gov't webpage I've ever been on. Yeah, Spitzer is a good AG.. and I'm a Republican no less!

The anti-FAX law is DIY!

[antispam_ben]

This is really no different than the widely-ignored anti-fax laws.

The laws on the books state prohibit a company sending faxes to someone who explicitly tells you not to.

It's worse than that. It's against the law if they don't have a business relationship. If explicitely told not to, the damages are triple.

Yet we get deluged with hundreds of spam faxes a week. Over and over and over from the same companies. Many with blocked or deliberately falsified caller ID.

Law enforcement doesn't stop junk faxers,

HUH? From what I've read of the Junk Fax law, law enforcement has nothing to do with it. It was my understanding you can take a junk faxer to court, point out the law to the Judge and get $500 PER UNSOLICITED FAX (BEFORE you tell them to stop), or even $1,500 PER FAX if you (can prove you) had already told them to stop. This gives you a judgement against them - if they don't pay, you can get their wages garnished and have similar things done to get the money out of them. It sure seems worth it to me.

Washington State passed a very similar anti-spam law a few years ago, and there was a news item where a recipient in Washington State got an out-of-state spammer to pay up as per the law.

Why don't more people do this to junk faxers?

Googling for junk fax law and a couple clicks brings up these pertinent links:

The Junk Fax Law (portion of the Telephone Consumer Protection Act of 1991):
http://www.keytlaw.com/faxes/usc.htm

Example demand letter:
http://www.keytlaw.com/faxes/demandltr.htm

In /. terms:

1. Buy fax machine and dedicated phone line.
2. Add "FAX: [fax phone number] (for C++ code only)" to webpage
3. ...
4. Profit $$$