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 © 2026 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

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

ChatGains Joins Pineapple Support as Partner-Level Sponsor

ChatGains has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

New 'PROTECT Act' Would Make North Carolina Rules for Adult Sites Federal Law

Senator Mike Lee of Utah on Thursday introduced legislation that would impose strict new federal rules on adult sites and platforms, strongly echoing similar regulations imposed last year in North Carolina.

New Creator Platform 'UpTopModels.com' Launches

Producer Trey UTM has launched the new creator platform UpTopModels.com through MyMember.site.

Segpay Names Tom John CTO

Segpay has appointed Tom John as its new Chief Technology Officer.

JustFor.fans Launches Curated 'Tom of Finland' Section

JustFor.fans (JFF) has launched a curated section based on artist Tom of Finland's work, featuring creators inspired by it.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

Show More