New York Attorney General Sues Spyware Company 122
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."
No, you can't have a constitution (Score:3, Interesting)
5th amendment surrenders?
As much as they're probably guilty, the court should not be able to say "prove you didn't do X or we'll hold it against you"
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:1)
The U.S. Supreme Court has ruled that the privilege against self-incrimination applies whether the witness is in Federal or state court (see Malloy v. Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v. Arndstein, 266 U.S. 34 (1924)).
Re:No, you can't have a constitution (Score:3, Informative)
Re:No, you can't have a constitution (Score:1)
actually for a company above a certain size from to and where it is stored is all under regs. SOX is the one where the C{E|F}O has to sign off on the ftc reports (includes other things also).
"hot water" hasn't been this bad since the cannibals stopped using big pots
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:2)
Re:No, you can't have a constitution (Score:2)
Re:No, you can't have a constitution (Score:1)
Then we'd have no CSI. And we'd still have Enron..
Re:No, you can't have a constitution (Score:1)
Geez, I am so hoping you meant "retro-actively"!
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:2)
In this case it clearly is not.
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:5, Informative)
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].
Re:No, you can't have a constitution (Score:2)
Yes, corporations can't self-incriminate themselves and they can't even be incriminated at all. That is they can only be sued civily. There are obvious reasons for this. First and foremost, you cannot send a corporation to jail. You can however try the directors or officers of the corporations for criminal charges if they committed crimes in which the corporation is civily liable. But the only recourse a
Re:No, you can't have a constitution (Score:2)
Re:No, you can't have a constitution (Score:2)
"representatives of a collective entity act as agents, and the official records of the organization that are held by them in a representative rather than a personal capacity cannot be the subject of their personal privilege against self-incrimination, even though production of the papers might tend to incriminate them personally."
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:1, Offtopic)
Only if the judge chooses to recognize corporations as people who have constitutional rights.
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:2)
Re:No, you can't have a constitution (Score:1)
http://en.wikipedia.org/wiki/Corporate_entity [wikipedia.org]
Personally, I don't care if you do or not - by now, I think I'm trying to teach a pig to sing.
Re:No, you can't have a constitution (Score:2)
Similar rights. Not same rights. But similar ones. Therefore corporations don't necessarily have the constitutional rights in America. However later on it does say that yes, American corporations do have the constitutional rights. Simply quoting that portion of the article would have been all that was necessary, rather then insulting me.
Re:No, you can't have a constitution (Score:1)
Yes, although the law varies from state to state, corporations DO have constitutional rights in America. The way they are treated, legally, is different in different matters, again, from state to state, depending on how the law in each locality is written. But they DO have basic constit
Re:No, you can't have a constitution (Score:2)
Re:No, you can't have a constitution (Score:3, Funny)
wait...
Re:No, you can't have a constitution (Score:3, Informative)
Re:No, you can't have a constitution (Score:3, Funny)
Corporations have sex in the form of massive anal rape gangbangs, a la Sony/First4Internet.
Re:No, you can't have a constitution (Score:2, Insightful)
Before flaming Spitzer with our vast knowledge of the Constitution, we should be sure that we understand the document. It's Amendment 4 that states
Next: what about the rights of
Re:No, you can't have a constitution (Score:2, Insightful)
Asking a judge to issue a Subphoena is the process of trying to establish "Probable cause" - if it's likely that an individual or corporation committed a crime, and a search of something they own (Residence, place of business, financial records, etc.) would likely prove that crime was committed, a judge can authorize a search.
Re:No, you can't have a constitution (Score:2)
I'm more inclined to think of it as rape, but maybe that's taking it too far. Maybe we should be thinking of cracking + rootkit installation as someone breaking into your home and crapping on your sofa.
I will agree, people who don't/can't protect their computers are jus
Re:No, you can't have a constitution (Score:1)
"If someone connects to your web server, who authorised the access? In this case it's reasonable to assume that a web server that's open to the public network provides implicitly authorised access... or is it?"
Leaving a port open does not by itself constititute authorization.
If you publish a www.example.com record in the DNS, it would be entirely reasonable to assume that you've authorized people to stop by your website, yes. There are other conventions which apply
Re:No, you can't have a constitution (Score:2)
So does that mean I'm breaking the law if I visit http://example.com/ [example.com] rather than http://www.example.com/ [example.com] since it didn't explicitly tell me through a published DNS record that it was a public web server?
or "Terms of use"
How would I find out about the terms of using your web site without visiting the website in the first place?
Note that this does not mean t
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:2)
the Same why you are have implicit invitation to enter a shop, but not to enter the unlock stock/back room.
Sorry, that argument makes no sense - by your analogy an open 802.11 network _is_ an open shop - how is anyone supposed to know if it's actually open or if the owner accidentally left the "open" sign in the door and the door wide open?
By your analog
Re:No, you can't have a constitution (Score:1)
Re:No, you can't have a constitution (Score:3, Interesting)
If he _does_ get elected Governor, I hope every crooked politician & business executive in his state go bankrupt from the dry-cleaning bills that they have to pay to clean their underwear every time he makes a move.
Re:No, you can't have a constitution (Score:1)
Absolutely God-damned right. I met Eliot Spitzer a few weeks before he announced he would seek the governorship. He was at the Twin Trees Bar/Restaurant at the bottom of Tipp Hill, in Syracuse. It's an inexpensive bar that has good, reasonably priced food, where I used to get pizzas, a block from my place. He is a simple, brilliant, down-home, hard-working attorney, who knows the Law, inside and out. Very personable and approachable.
In a country where the wealthy and privileg
Re:No, you can't have a constitution (Score:5, Informative)
Re:No, you can't have a constitution (Score:2)
So who gets the cash ? (Score:1, Insightful)
the owners/companies who have had to spend billions on getting their PC's fixed/replaced ?
can other countries join the suit ?
Funding for Bush's Internet War (Score:2)
Re:Funding for Bush's Internet War (Score:2)
Spitzer eh? (Score:5, Interesting)
The defendants are usually judged guilty by the court of public opinion, long before an actualy jury gets near the case.
I'm not saying his technique is good or bad, but it's worth noting that more often than not, he gets a settlement instead of a drawn out legal battle.
Re:Spitzer eh? (Score:1)
This guy is definitely the most high profile State Attorney General in the country, and he does have a pattern of making his targets look bad in the media.
Re:Spitzer eh? (Score:3, Insightful)
The only thing wrong with his approach is the culprits get off easier than they should. The positive side is that if he didn't attack them, they'd get off scot-free.
Re:Spitzer eh? (Score:1)
Re:Spitzer eh? (Score:2)
Running for Governor (Score:2)
I suspect the Press part is what's important here. I saw a 'Spitzer for Governor' ad on my NYC WNBC satellite feed this weekend on McLaughin Group.
Re:Spitzer eh? (Score:5, Insightful)
This is disingenuous at least. These companies were convicted in the court of public opinion LONG before Spitzer got involved.
The fact that the Attorney General is prosecuting the companies that 99% of the public-at-large believe NEED to be sued, seems just about EXACTLY what his position is supposed-to entail. We're just so used-to corporate/political bribery and favors that we're shocked when we see elected officials aggressively doing their job.
Re:Spitzer eh? (Score:2)
Re: (Score:2)
Ok... (Score:4, Interesting)
Please sue Claria!
Re:Ok... (Score:1)
Re:Forget NY governor, get him to be US AG (Score:4, Informative)
I hear FDR did a few interesting things after he was Governor of New York.
Re:Forget NY governor, get him to be US AG (Score:2)
When's the last time NY Governor's gone off to do anything interesting.
From Wikipedia's List of Governors of New York [wikipedia.org]:
George Clinton - Vice President
John Jay - first Chief Justice of the United States
Martin Van Buren - President
William H. Seward - Secretary of State
Samuel J Tilden - won popular vote in Presidential election of 1876 (but lost election)
Grover Cleveland - President
Theodore Roosevelt - President, Vice President, first American to receive the Nobel Prize
Franklin Roosevelt - President
So i
He's been suit-happy the past few years (Score:5, Insightful)
Doesn't bother me much. All the suits he launches appear to come from complaints to his office, so he's "working for the people" as much as he's in business for himself. Plus, he's suing people that I have issues with myself: spyware companies, AOL, the RIAA.
I just might be pushing the button under Mr. Spitzer's name when it comes election time. Hopefully all he's after isn't just the bigger office in Albany.
Re:Suit happy? He's the AG! (Score:1)
So yes, I expect the AG to do a lot of suing. Just not to this extent.
Re:He's been suit-happy the past few years (Score:2, Interesting)
The F.B.I. should really be doing everything the Mr. Spitzer is doing, but thank goodness at least he's doing it!!!!
You know, if this country had an F.B.I. director like Mr. Spitzer, as opposed to that useless shyster, Mueller, or better yet, a real atto
Re:He's been suit-happy the past few years (Score:1)
(above is not intended as political endorsement, just backing myself up
Re:He's been suit-happy the past few years (Score:1)
DirectRevenue developers should do jail time (Score:4, Interesting)
Re:DirectRevenue developers should do jail time (Score:1)
"But it's in the EULA!" (Score:5, Insightful)
As long as such EULAs can be used as an excuse to claim the user waived all rights and allowed the company to do whatever they please, hidden in a text nobody but a lawyer can decypher, we'll have buggy software, spyware and, as we've recently seen, even rootkits in our soft. Sure, EULAs don't hold a drop of water in most countries, but it already starts at the problem that most people don't even KNOW that the software they're about to install is going to cause a problem to them.
And as long as such shady practices don't have to be told in simple terms that can be understood by normal people who didn't study CS or law, this practice will continue. Whether or not this suit actually gets through.
He might be fined a few million bucks. Ok. Pocket change for the average spam king. As long as the revenue from illegal activities outmatch the possible damage charges (see also Sony's rootkit and the "settlement"), it won't stop them from bugging their users' computers.
Re:"But it's in the EULA!" (Score:2)
Cheers!
Not yours (Score:2)
Not yours. [state.de.us]
=)
Re:Not yours (Score:2)
Anyways, for everyone who didn't click the link, it's a picture of the U.S. Bill of Rights.
Re:Not yours (Score:2)
Yeah, that's what I had in mind. =) Some other fellow posted "No you can't have a constitution"...but like a dork I replied to the thread instead of him. Woulda made more sense. Ah well. Never post when sleep deprived.
Re:Not yours (Score:1)
No, the cat does not "got my tongue." (Score:5, Interesting)
Don't let them settle a lawsuit! Make the assholes release software to de-install itself, safely and completely.
Son of a bitch, I had to re-stage my wife's laptop because of Winfixer.
Eliot Spitzer: Is he cool, or is he whack? (Score:2)
So,
Eliot Spitzer: Is he cool, or is he whack?
Re:Eliot Spitzer: Is he cool, or is he whack? (Score:5, Interesting)
Actually, niether. He's a politician.
I generally like what he has been doing, which mostly amounts to leveling the playing field between big business and the people -- but one can easily see the opportunitism here of a very political animal in the cases he takes on and how his PR machine works it. He was elected by mostly Democrats to be the Attorney General under a Republican Governor with whom he has had a mostly uneven relationship. He did not challenge this Governor (Pataki) until the Governor announced that he is planning on leaving office, though he has gone after many of the Governor's financiers and political cronies.
In not running against this particular governor, he has set his office up as a stepping-stone to the office of Governor for himself. A very shrewd move. Were he to have remained as a candidate for Attorney General (especially with the favorable press he has been receiving in the state of New York) I'd say he's close to 90% altruistic -- a very hard-working prosecutor with an eye for the kind of justice that sells newspapers. By virtue of his run for Governor and the timing of that run, I'd say he's about 50 to 55% altruistic and would probably make a pretty good, if not combative Governor.
I recall another prosecutor who is rumored to have made a good executive: Giuliani. But Rudy Giuliani was best-suited to crisis management. He tended to get bored and pick fights (usually with the helpless) when things got quiet. Unfortunately I think Rudy has sold his soul to the Republican right (which is wrong).
My overall favorable impression of Mr. Spitzer will, likewise, tumble should he sell his soul to a national political machine. These types are best when they're fighting the good fight with no hangers-on and no encumbrances.
Fix the law. (Score:5, Interesting)
Re:Fix the law. (Score:2)
If I were writing laws, I'd make auto repair on reboot by anything short of an OS unlawful unless the user was prompted clearly with a fixed text message asking if they wanted the app to be repaired/reinstalled.
Re:Fix the law. (Score:2)
It will be an ongoing battle one way or another.
Re:Fix the law. (Score:1)
And for more fun..... (Score:4, Informative)
Re:And for more fun..... (Score:2)
As a spyware company... (Score:1, Funny)
Obligatory PMITAP reference (Score:1)
Rough Rider (Score:3, Interesting)
Sony off scotch free? (Score:1)
I won't hold my breath for that one.
Whats the draw to settle (Score:1)
Re:Whats the draw to settle (Score:1)
Physical equivalent of spyware? (Score:1)
Don't look now... (Score:1)
Comment removed (Score:5, Informative)
Re:Good lawsuit. Wrong target. (Score:5, Informative)
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
I guess we must both be new here.
Re:Good lawsuit. Wrong target. (Score:2)
Yeah, but it's still perfectly fair to blame Microsoft for the ~10% of spyware installations that happen due to bugs in Internet Explorer, DirectX, VBScript, etc.
Re:Good lawsuit. Wrong target. (Score:2)
Do I sue Ford when someone steals my Mustang? They obviously didn't make it secure enough.
Beware false sense of security (Score:2)
Re:Good lawsuit. Wrong target. (Score:3)
Dumbass.
Re:Good lawsuit. Wrong target. (Score:2)
,
Or at least some freakin' lasers.