New York Attorney General Sues Spyware Company

DevanJedi writes "Reuters is reporting that New York Attorney General Eliot Spitzer has sued alleged spyware company Direct Revenue, charging the Internet marketer with secretly installing millions of spyware programs that sent unsolicited advertisements to users' computers. Direct Revenue settled a class action law suit last month in Illinois."

Re:No, you can't have a constitution

[SinGunner]

Isn't it already a crime to hide the source of your revenue though? Isn't this how they bring down the mob? Basically, in America, if you can't account for where your money came from, you're in pretty hot water. The IRS needs its money... neeeedddsssss.......

Re:No, you can't have a constitution

[kiddailey]

Since when do the amendments apply to corporations?

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

IANAL, but as far as I knew, the privilege against self-incrimination does not apply to corporations or other collective entities. And, after some brief research, appears to have been upheld in Braswell v. United States [google.com].

And for more fun.....

[wehup]

Here's the AG's site: http://www.oag.state.ny.us/press/2006/apr/apr04a_0 6.html [state.ny.us] But the real fun is in reading the actual complaint. It is clear the AG does not think highly of Direct Revenue. http://www.oag.state.ny.us/press/2006/apr/Direct%2 0Revenue%20Affirmation%20of%20Justin%20Brookman.pd f [state.ny.us] Caution... large PDF, but a fascinating read.

Re:Forget NY governor, get him to be US AG

[Seraphim1982]

When's the last time NY Governor's gone off to do anything interesting.

I hear FDR did a few interesting things after he was Governor of New York.

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[account_deleted]

Comment removed based on user account deletion

Re:No, you can't have a constitution

[Apraxhren]

IANAL but the Required Records Doctrine of the 5th amendment states

While the privilege is applicable to one's papers and effects,\226\ it does not extend to corporate persons, hence corporate records, as has been noted, are subject to compelled production.\227\

See: http://www.law.cornell.edu/anncon/html/amdt5afrag7 _user.html#amdt5a_hd28 [cornell.edu]

Re:Good lawsuit. Wrong target.

[dlZ]

I write this reply from a Linux box. What do I do for a living? I own a PC shop. A huge amount of what I do is removing spyware from computers. I don't think this is Windows fault. The people that bring the PCs in many times admit to what they did, saying they didn't care and just clicked yes to make it all go away. These same people would type their password and hit OK just to make it "go away" on a Mac or in a Linux GUI, too.

I run Linux because I want to and enjoy it, not because I'm on some anti-MS agenda. I sell mostly Windows machines. Most of my clients couldn't handle a Linux machine, but the anti-MS proganda on /. is extreme.

I guess we must both be new here.

Re:No, you can't have a constitution

[takeya]

Whether or not you like it, what the OP meant by sex is not a trait of a person in the eyes of the law is that in order to recieve constitutional benefits (or any legal benefit) guaranteed to a "person," you must be either an individual or a corporation. An unincorporated company or firm does not fall under this definition, though almost every company is incorporated, even mom&pop are an LLC now, since it's so easy to do, and individual errors appear legally as errors of the corporate "person" and only the corporations assets are liable in a lawsuit, rather than the employee's.