Major Advertisers Caught In Spyware Net 144
theodp writes "BW reports on Fortune 500 companies' use of adware - Sprint for its PCS phones, major banks peddling Visa cards, Sony and retailers including Circuit City. And Mercedes-Benz before the company, fielding complaints, put on the brakes. So far, law enforcement has mostly targeted the transmitters, but NY Attorney General Eliot Spitzer is threatening to hold accountable household-name advertisers that use adware networks. No longer, says Spitzer, can companies play dumb."
excellent (Score:5, Insightful)
Re:excellent (Score:2)
~X~
I see a problem with this approach by the NY AG (Score:5, Insightful)
The transmitters can easily be traced. It is much harder to trace the source of the ads themselves. For civil suits, the "preponderance of evidence" might be a pretty weak standard because there is not much to go on to discredit the prosecution. Of course IANAL...
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2, Insightful)
The transmitters can easily be traced. It is much harder to trace the source of the ads themselves. For civil suits, the "preponderance of evidence" might be a pretty weak standard because there is not much to go on to discredit the prosecution. Of course IANAL...
I would imagine that you would run into huge issues
Re:I see a problem with this approach by the NY AG (Score:2)
Remember when someone managed to get Verisign to send them Microsoft's private keys by posing as Microsoft? This sort of framing is not entirely improbably....
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:5, Insightful)
Re:I see a problem with this approach by the NY AG (Score:2)
How is this any different? (Score:5, Insightful)
Don't you think that if someone is misrepresenting Proctor & Gamble, the NY AG is going to go straight to P&G and get their full compliance in solving the crime?
And for the companies commiting the fraud, is it really worth putting their entire company on the line over a stupid adware stunt?
Re:How is this any different? (Score:2)
Most reputable companies won't do this for any number of reasons including risk and the fact that one can't pull lots of stunts like this and remain focused on your own core competencies. So I don't expect that such would be widespread.
But it could be done too readily IMO. And competitors are probably not at the top of the list. Disgruntled employees or former employees, unhappy customers, etc. could cause substan
Re:How is this any different? (Score:2, Insightful)
Much of the outsourcing of major firms appears to be outsource risk. Walmart outsources janatorial servie, therefore Walmart is not liable for the fact that illigal aliens are cleaning thier stores, or the fact that thier demand for illigal alliens increases the demand for coyote, which increases cross bor
No problem whatsoever. (Score:4, Interesting)
No it is not. Follow the money trail. Search warrants and subpoenas on bank records, etc.
Money talks, and in this case it leads law enforcement right to the doorstep of the exact source responsible for the ads.
Someone has to pay the transmitters after all. They don't work for free.
Re:I see a problem with this approach by the NY AG (Score:2)
So, if I want to harass my competitors, I can telemarket their ads to the "Do Not Call" list?
It's not competitors companies should be worried about, it's resellers. How much trouble do you think Pfizer would be in if they had to account for every advert for their product?
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
pay it as a bonus to the boss. (that gets the money out of the corp accounts) and get him to pay for the spyware in cash.
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
but how the hell could they find out that the boss gave that CASH to a spyware company with no record.
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
The defense will ask if the witness (Mr Spyware Provider) was promised anything in return for his testimony. The answer will be "Yes, I got a reduction of 80% in my jail term".
Since Mr. Spyware Provider wasn't a very credible witness to begin with, the case will fail.
It will all go down to Mr. Spyware Providers' word against the Defendants - and with no actual evidence, to boot. There WILL be a reasonab
Re: (Score:2, Interesting)
Re:I see a problem with this approach by the NY AG (Score:2)
You've been watching too much TV :-)
By your own statement, only XYZ Corp would be under the spotlight at that point, not any company making payments to it.
Re:I see a problem with this approach by the NY AG (Score:2)
If you read your own original scenario again, you'll see there is a chain of 3 companies involved, not 2
The third entity is the wilfully ignorant advertiser, the one that is making the payments to J. Blogs of XYZ Corp. The
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
The original poster posited cash payments - no bank records.
Additionally, you're talking out your ass (which is okay - this is slashdot after all) if you think a criminal RICO charge [ricoact.com] applies here.
As for civil actions, the courts have continually whittled away at applying RICO in civil cases. And where's the racketeering, the money-laundering (no, t
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:2)
But again, as I pointed out, the original poster posited CASH payments [slashdot.org]
- no bank records to follow up, which is what you suggested [slashdot.org] as evidence that could be developed:
The additional problem, which I p
Re:I see a problem with this approach by the NY AG (Score:2)
Re:I see a problem with this approach by the NY AG (Score:1, Interesting)
CASH is virtually untracable. A few thousand to do an ad campaign is easily hidden in accounting records and the transaction is not going to be recorded by the bank.
You just don't know how fraud and scams work.
Re:I see a problem with this approach by the NY AG (Score:1)
Anytime I call up my wireless carrier, cc company, bank, or any of those companies and they ask for an updated contact number I tell them that I will give it to them if they don't sell or give it to anyone, in or outside of their company for marketing. They always tell me "we don't do that!". My reply is "If everyone doesn't do that then why the f... is my name and number on a list?"
Someone i
how bloody convenient... (Score:5, Insightful)
to put it politely... bollocks... they subcontract it, they are responsible for it... they can't fob off the responsibility to the subcontractors... they are responsible for making sure that their subcontractors do it legally and ethically...
Re:how bloody convenient... (Score:1)
Re:how bloody convenient... (Score:4, Informative)
Re:how bloody convenient... (Score:1)
are resonsible for subcontractors. It's not some sort of optional thing.
Re:how bloody convenient... (Score:2)
Re:how bloody convenient... (Score:3, Interesting)
Here's another example, said on Slashdot occasionally: "I run an open WiFi network so that I can have plausible deniability for everything that goes across my Internet connection".
I hope this works out... (Score:4, Insightful)
"Follow the money" (Score:5, Insightful)
Re:"Follow the money" (Score:1)
Unfortunately? Unfortunately because it reflects badly on human nature? Unfortunately from the point of view of adware asshats or terrorist-funders?
Good info from Ben Edelman (Score:5, Informative)
The Big Green Guy ought to pay a visit to the spyware companies and do a World Wrestling Federation Hulk Drop [komar.org] on 'em! ;-)
Re:Good info from Ben Edelman (Score:2)
Trust no one. (Score:3, Interesting)
Re:Trust no one. (Score:4, Insightful)
I doubt you really believe this. The big money is what brought the innovation. I'm sure there will be people lined up to tell me about how great it was when they used baud or Mosaic or whatever, or how anything new is just "fluff" (I'll agree with the "fluff" thing to some extent), but most reasonable people will agree that the internet has vastly improved. You can still do all the things you used to love "way back when". So many non geeks can do what they want now, too.
As you mentioned, you can dump nearly all trace of the advertising junk that exists now.
Non-geeks in oppressed countries that now have the tools to post, read, and exchange information online; they may not have been able to do this before the big cash brought the big innovation. Housewives with a coughing child can look online to see information that can help them decide if they need to take their child to the hospital.
So many of these things are supported by advertisements or other corporate interests. I'm not one of the "don't block ads" people, I block anything that blinks or slows browsing, but you have to acknowledge the benefit the capitalist interest brought - I'll certainly admit the harm it's brought. But overall, the good outweighs the bad.
Re:Trust no one. (Score:2)
It's what also brought malware, zombie spam networks, massive and continual and widespread attacks, phishing, nigerian scams, and a zillion other things we are constantly deluged with. These things are primarily driven by commercial interests. And there's virtually no law enforcement and no regulation over any of it. It's the wild west for corporations to exploit at their leisure.
So I can honestly say I really do believe the
Re:Trust no one. (Score:2)
Those aren't commercial. Those are criminal. I'm not going to argue that criminals are not doing damage to the internet and it's users. I think you missed the point.
Maybe you're into that kind of thing though.
Snide comment. Nice touch.
Re:Trust no one. (Score:2)
The point being, corporate interests are driving criminal activity.
Corporations pay spammers to spam form them.
The spammers pay criminals to infect and backdoor computers for them so they can spam.
The criminals write viruses, worms, malware, backdoors, keyloggers, root scripts, etc. They portscan and bruteforse ssh on massive scales (I have seen 200+mbit ssh bruteforcing traffic).
Follow the money. Massive corporate $$ has turned the internet into a cesspool of attacks and compr
Re:Trust no one. (Score:2)
Nearly all the innovation that happened on the net, happened BEFORE the commercial interests noticed it. When it comes to worthwhile innovation, as opposed to just "innovation of some sort" the fraction gets even higher, probably over 97%.
Commercial interests were quite active in PUBLICISIN
Re:Trust no one. (Score:1)
Re:Trust no one. (Score:2)
YES (Score:1, Funny)
This happens more than you know (Score:5, Interesting)
Alot of the times, many of these sites like Comission Junction, just empowers members to post our links whereever. They just take our links, add their tracking code and URL to it, and give them to their members to include on their website. These members sometimes will result in dubious behavior to generate hits, and will often use ways to force the links on you. I'm sure you probably see those "Free" something that tell you to click on a dozen link before they send you the free iPod or something, then afterwards, find some trick to get out of sending you that iPod. Others sometimes use adware and other malicous software methods.
Sometimes we see certain agencies generate such good results, we give them even more money. We don't realize they're doing wrong until we start getting complaints. I've witness things such as our ads being included in adware (like Gator), porn sites, spam mail, chat bots, etc...
It's really hard to hard to control the means our ads get distributed using 3rd party agencies. But we're sort of forced to rely on them since we're a small company with little know how in advertising. It's much easier to pay other people do the work and focus on developing a good product.
Re:This happens more than you know (Score:5, Insightful)
What you describe is willful ignorance. You know the problem exists but you just push the blame down the chain. This whole issue could be avoided if you put some care into the contracts you sign. It's probably better than getting sued by the NY Attorney General.
Re:This happens more than you know (Score:2)
Or worse, charged criminally with Computer tampering in the second degree [davismccownlaw.com], New York's law that covers minor computer tampering. "Section 156.20: A person is guilty of computer tampering in the second degree when he uses or causes to be used a computer or computer service and having no right to do so he intentionally alters in any manner or destroys computer data or a computer program of another person."
That's a class A misdemeanor in
Re:This happens more than you know (Score:5, Insightful)
And why don't you know what the subcontractors you're using are doing? I know that, in every other industry that subcontracts work, the general contractor is ultimately responsible for the work. If they don't know what the subcontractor's doing, they get dinged for that on top of the actual faults in the work. Perhaps, if you don't have the expertise to ride herd on your subcontractors yourself, you should begin doing what construction and other general contractors do and write clauses into your advertising contracts that provide for big, nasty penalties for subcontractors who use adware/spyware and make those subcontractors liable to you for any problems they cause that cause you any liability, plus requires the people you hire to include indentical clauses in their contracts with anyone they subcontract out to as well (with likewise nasty penalties for failing to do so). Then enforce those clauses strictly. If the agency balks, take your business elsewhere because that's a sure sign they are doing something underhanded and don't want to be nailed down on it.
Re:This happens more than you know (Score:2)
You also seem to have
Re:This happens more than you know (Score:2)
It is subcontractors that're the problem. Multiple layers of subcontractors are standard in the construction industry, and always it's the general contractor that's responsible. He's responsible for making sure his subcontractors do the work right within the rules, and if they subcontract out he's responsible for their subcontractors. If there's a problem the general contractor's the one on the hook, and if he didn't write contracts to keep the subcontractor chain on the hook with him that's too bad for him
Re:This happens more than you know (Score:5, Insightful)
Re:This happens more than you know (Score:3, Insightful)
Finding a reputable company to do business with is as simple as asking another company you know, trust, and respect who they place ads with. Even easier is to contact the site you want to advertise on directly. Often it's cheaper, too.
And the line about being a "small company with
Re:This happens more than you know (Score:2)
Take IT for example. If you, the business manager don't know IT, you need to pay someone to do it. Of course, you need to know enough about it to hire the right person. If you don't, you need to pay someone that knows enough about it to ask the right questions and get the person you need.
In your case, th
Re:This happens more than you know (Score:3, Interesting)
Is Spitzer our last hope for America? (Score:4, Interesting)
Or atleast he's the only one who gets press when doing so. Either way.. Go get em Spitzer.
Expedia just doesn't get it! (Score:5, Insightful)
I swear, do companies go out of their way to hire the lowest-IQ, most mouth-breathing knuckle-dragging, slope-foreheaded idiot they can find to be company shill^Wspokesman, or is it a side-effect of the job?
We know you have a choice in travel agencies (Score:2)
Re:We know you have a choice in travel agencies (Score:2)
Where is that Adware being used? (Score:5, Interesting)
You know someone who has clicked a "free screensaver" or "system performance" pop-up before only to get trojans and adware. Does Circuit City endorse these scams on user intelligence? [Oxymoron I know]
Let's not even mention Compaq who bundles WeatherBug [symantec.com] on their new machines!
Is it always going to be "us" versus the corporations? And why do I feel more libertarian and less "liberal" everyday?
I guess the solution is simple - start a list of people to boycott based on their aggressive advertising.
Re:Where is that Adware being used? (Score:1)
A.A
Re:Where is that Adware being used? (Score:2)
Re:Where is that Adware being used? (Score:1)
There are things about malware that are very bad. They install without the users knowledge. There is no obvious way to remove the software. If the software is removed, there is often a backup that gets reinstalled, a la IE. There is no indication in the pop up windows about where they originate. If the software is re
Re:Where is that Adware being used? (Score:2)
Ok, I agree, but not for the bogus reasons you gave.
Not all UCE is spam, but it's gotta be over 99%. Spam is UBE. Unsolicited Bulk Email. Doesn't matter if it's commercial or not (although most is.)
Re:Opera is adware (Score:2)
If companies are upfront then they usually avoid the stigma (think Divx).
Re:Opera is adware (Score:2)
No, it isn't. I've used many pieces of software that were supported by advertisements. Most of them did no harm to my computer (a few installed software that was so badly written it made my computer very unstable and therefore had to be removed, but that is the worst that happened).
It is unfortunate that the actions of a minority number of adware programs have brought the entire field into disrepute, but that's what has happened.
Great News! (Score:1)
To kill the snake one only needs to find the head and remove it from the body.
The only questiosn left then is who cleans up the mes when it is all over with?
bout time (Score:2)
SMTP (Score:2)
Then spam would drop, and rather quickly.
Why expect so much from Capital One? (Score:4, Interesting)
So this person expects Capital One, a company known for making the corniest commercials on TV, and a participant in the national scheme [pbs.org] pushing limitless interest rates and exorbitant fees, to not engage in adware? I'd expect Capital One to be one of the FIRST and BIGGEST users of adware, popups, and direct marketing.
They put David Spade on our television screens two years longer than necessary; that alone is evil enough!
Eliot Spitzer == Superhero? (Score:5, Funny)
Although, I doubt he could actually bring successful legal action against the 'household-name advertisers'... hopefully the threat is enough to choke off the money flow. Who cares about all the spigots when you can shut down the water main?
Re:Eliot Spitzer == Superhero? (Score:2)
Second, his tactics for "doing good" are problematic at best. He is using popular sentiment to alter the meaning and scope of existing laws, often in ways that the authors of those laws never intended. In doing so, he's bypassing the checks and balances of our government. The judicial branch is supposed to en
Re:Eliot Spitzer == Superhero? (Score:2)
Maybe I don't have all the facts, but all I see is that Spitzer makes choices as to which laws he'll enforce more vigorously than others. I'm not saying that's right either, but since it's unavoidable under the current system, it's far more forgivable than what you're suggesting he does.
Major Advertisers Caught In Spyware Net (Score:1)
Could this open some eyes and increase interest in alternative (Linux, Mac) offerings?
No different than the widely-ignored anti-fax laws (Score:3, Interesting)
The laws on the books state prohibit a company sending faxes to someone who explicitly tells you not to.
Yet we get deluged with hundreds of spam faxes a week. Over and over and over from the same companies. Many with blocked or deliberately falsified caller ID.
Law enforcement doesn't stop junk faxers, I don't see why it will stop spammers.
The anti-FAX law is DIY! (Score:4, Informative)
The laws on the books state prohibit a company sending faxes to someone who explicitly tells you not to.
It's worse than that. It's against the law if they don't have a business relationship. If explicitely told not to, the damages are triple.
Yet we get deluged with hundreds of spam faxes a week. Over and over and over from the same companies. Many with blocked or deliberately falsified caller ID.
Law enforcement doesn't stop junk faxers,
HUH? From what I've read of the Junk Fax law, law enforcement has nothing to do with it. It was my understanding you can take a junk faxer to court, point out the law to the Judge and get $500 PER UNSOLICITED FAX (BEFORE you tell them to stop), or even $1,500 PER FAX if you (can prove you) had already told them to stop. This gives you a judgement against them - if they don't pay, you can get their wages garnished and have similar things done to get the money out of them. It sure seems worth it to me.
Washington State passed a very similar anti-spam law a few years ago, and there was a news item where a recipient in Washington State got an out-of-state spammer to pay up as per the law.
Why don't more people do this to junk faxers?
Googling for junk fax law and a couple clicks brings up these pertinent links:
The Junk Fax Law (portion of the Telephone Consumer Protection Act of 1991):
http://www.keytlaw.com/faxes/usc.htm [keytlaw.com]
Example demand letter:
http://www.keytlaw.com/faxes/demandltr.htm [keytlaw.com]
In
1. Buy fax machine and dedicated phone line.
2. Add "FAX: [fax phone number] (for C++ code only)" to webpage
3.
4. Profit $$$
End benefactor rule (Score:2, Insightful)
Now many states are starting to go after big-name homebuilders, one homebuilder in Florida was recently fined $49,000 for over a hundred signs.
This NY AG guy seems alright to me.
Re:End benefactor rule (Score:4, Informative)
When northern NY was hit by the massive ice storm in 1998, Spitzer laid down the law on price gouging really quick. And even went so far as to get peoples money refunded.http://www.oag.state.ny.us/press/2000/dec /dec11a_00.html [state.ny.us]
Check out his office's website at http://www.oag.state.ny.us/ [state.ny.us] Quite possibly the most helpful gov't webpage I've ever been on. Yeah, Spitzer is a good AG.. and I'm a Republican no less!
Re:End benefactor rule (Score:2)
http://daily.nysun.com/Repository/getFiles.asp?St
Have you ever wondered about this? (Score:2)
What I mean to say is - why is it always "either-or"? Why is it always assumed that if you are one way, you must be against the other?
Why is it impossible in many people's minds that a person could be pro-second amendment and pro-choice at the same time? Or any other seemingly "that ain't right" combination?
Furthermore, how many of such people are there? We never
I'm really starting to like this Spitzer guy (Score:2)
Plus he is perhaps the creepiest looking man alive. That is also cool.
Make Money Fast? (Score:2)
"There's plausible deniability at each tier," said Chris King, product marketing manager at anti-spyware vendor Blue Coat Systems Inc.
If they hire subcontracts to spend their advertising budget and don't want to know how the money is being spent, they deserve to get ripped off. I hope some of these guys just pocket the money with nothing more than a "Oh...yea...the ad's going out all over the internet...but..you don't REALL
Re:BW? (Score:2)
Re:BW? (Score:1, Funny)
Why slashdot instead of the much more common and meaningful dotslash? What does
And don't tell me stands for news for nerds. stuff that matters. not good enough!
Re:Guts in law? (Score:1)
Be careful what you ask for. Your government may tatoo a number on your forehead or the back of your neck.
Re:Guts in law? (Score:3, Interesting)
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
Yes!
ITS ABOUT F***ING TIME! Companies have a responsability to know who they're dealing with, and not plead "willful ignorance". Its the same mrally, ethically, and legally as you buying a new computer for ten cents on the dollar from some guy who sells them out of his trunk.
In this case, I for one welcome our new attorney-general overlords!
I'll applaud when I see people arrested (Score:2)
Re:Guts in law? (Score:4, Interesting)
I'd guess this'll be a settlement, too. Spitzer will get publicity, NY State will get some money, but very little in terms of actual penalties will be imposed.
Re:Guts in law? (Score:3, Interesting)
So you are saying that these guys don't view losing gobs of money as an actual penalty?
Don't forget that Spitzer also has a knack of driving down the stock price of the companies he goes after, so these guys are getting hit personally too.
Re:Guts in law? (Score:2)
Wait for the figure to be announced and make your own call.
Re:Elliot Spitzer (Score:1, Insightful)
Re:Elliot Spitzer (Score:2, Insightful)
Re:Conspiracy? (Score:1)
Next conspiracy, please.
Re:Did anyone actually read the summary? (Score:2)
I agree it's badly written, but it does just about make sense if you look at it hard enough.