WhenU Challenges Utah's Anti-Pop Up Law

by Glen Shapiro, LawAndTax-News.com, New York

15 April 2004

Spyware advertising provider, WhenU.com on Monday filed a lawsuit with Utah's Third District Court arguing that that state's Spyware Control Act, passed earlier this year, violates its constitutionally protected right to advertise.

Under the Utah law, it is illegal to create or install software which monitors the internet activity of users and sends them elsewhere without their consent. The Act also places stringent restrictions on the uses of pop-up advertisements in general, and can impose fines of up to $10,000 per violation.

However, WhenU, which provides free software bundled with a program which tracks internet use and matches surfing activity with particular advertisers in order to provide targeted pop-up ads, argues that the legislation does not, in fact, do much to protect the privacy of internet users.

Arguing that its software is only installed with permission, and therefore does not represent a violation of the privacy rights of internet users, WhenU urged the Utah District Court to prevent the Spyware Control Act from coming into force in early May.

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