Wash. State Sues Over Spam, Spyware

SEATTLE — The Washington State Attorney General's office has sued a New York company and individuals in New York, New Hampshire, Oregon and India under state and federal anti-spam and spyware laws, claiming they induced computer users to download software that weakened its computers' security.

The lead defendant in the lawsuit, filed Tuesday in U.S. District Court, is Secure Computer LLC of White Plains, N.Y. Secure Computer President Paul Burke and Gary Preston of Jamaica, N.Y., have made more than $100,000 since summer 2004 selling "spyware cleaner" over the Internet – software they advertised using mass, misleading emails and popups, the lawsuit said.

The lawsuit is the first filed under Washington state's new anti-spyware act and one of the first spyware lawsuits in the country, state Attorney General Rob McKenna said Tuesday.

"In general, we've made more progress on spam than we have on spyware," McKenna said. "Spyware in all its forms is a faster-growing threat than viruses."

Some of the spam and popup ads sent on behalf of Secure Computer imitated Microsoft Corp. messages and products, the lawsuit said. Microsoft has pursued more than 100 anti-spam lawsuits, winning more than $800 million from spammers.

Also named in the lawsuit are Burke's wife, Wendy; Seth T. Traub of Portsmouth, N.H.; Zhijian Chen of Portland, Ore.; and Manoj Kumar of Maharashtra, India. The three allegedly sent emails and advertisements on Secure Computer's behalf in exchange for 75 percent commission on each $49.95 software sale.

"Deceived into believing that dangerous spyware is on their computer and there is no time to waste, the user is induced to purchase ‘Spyware Cleaner,’" the lawsuit said, which added the software does not work properly.

The lawsuit also cites several state and federal laws, from the state consumer protection laws to the federal CAN-SPAM law, short for Controlling the Assault of Non-Solicited Pornography and Marketing Act. The state could possibly be entitled to millions of dollars in damages.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More