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 © 2025 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

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

RevealMe Joins Pineapple Support as Partner-Level Sponsor

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

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Pineapple Support to Host 'Healthier Relationships' Support Group

Pineapple Support is hosting a free online support group on enhancing connection and personal growth.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

New Age Verification Service 'AgeWallet' Launches

Tech company Brady Mills Agency has officially launched its subscription-based age verification solution, AgeWallet.

Show More