Spyware Adware and Spam Under Heavy Attack
In Washington earlier this month the FCC announced its new strategy in fighting any spyware adware offenses. It will begin aggressively pursuing any spyware, adware and spam offenses by filling civil and possibly (later on) criminal fraud charges in Federal Courts.
The way these cases will be dealt with in the future depends on pending legislative decisions currently being decided before Congress.
The first ever civil law suit filed by the FCC for this type of case was lodged this October against “Spam King” Sanford Wallace whom is known for his aggressive spyware adware and junk mail campaigns.
Wallace was accused of using the internet to fraudulently bombard surfers with invasive pop-up ads, and spam. He was also accused of deceitfully installing spyware, adware and other advertising software on computer users PCs (without their expressed knowledge). He accomplished these fraudulent acts by using a network of websites he either owns or controls.
Wallace claims that what he is doing is completely legal and that it has been going on “offline” for years. His marketing strategies are very similar to how Publishers Clearing House does business, he says.
Wallace claims that any spyware adware or advertising software installed on a user’s computer has been authorized by the user in exchange for free software that the user greatly benefits from.
Another accusation against Wallace is that people who have downloaded his free programs which are bundled with spyware adware and other features have suffered from un-requested alterations to their Internet Explorer. For example, some users have experienced unauthorized changes to their home page.
Strategies such as changing someone’s homepage without their expressed permission through the use of spyware, adware or other methods are known as “ browser hijacking ”.
Wallace denies any wrongdoing and claims he acts clearly within the law. He is no criminal and says he will cease any practice a judge deems illegal, unfair or misleading but that it is a decision the Court must make.
Legal experts are unsure as to what the outcome of this case will be. Some believe that due to the current crackdown on spyware adware and other deceptive software or internet practices Wallace will likely be forced to cease most of his practices and might possibly be made to pay heavy fines for the damage already caused. We will have to wait and see.
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