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

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

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

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Show More