To: Done, gone. who wrote (48 ) 1/30/2007 1:03:47 PM From: scion Read Replies (1) | Respond to of 139 Who Is Responsible for Adware? April 12, 2006 As adware continues to annoy computer users, efforts to crack down on ad-serving software have begun to focus on the advertisers behind some of the pop-ups. New York Attorney General Eliot Spitzer, whose office has sued two major adware vendors, has threatened to come after advertisers. An affidavit filed last week with Mr. Spitzer's lawsuit against Internet marketer Direct Revenue named some large companies that continue to advertise through adware. (Direct Revenue, for its part, has said the case is "baseless" and focused on the company's past practices.) FTC Commissioner Jonathan Leibowitz recently proposed "shaming" companies that advertise through adware by publishing their names. But what responsibility do advertisers have when it comes to adware? The Wall Street Journal Online asked Ari Schwartz, deputy director of the Center for Democracy and Technology, and Eric Goldman, a law professor at Marquette University, to discuss the ethical issues and legal risks. Their exchange, carried out over email, is below. [...]online.wsj.com See -oag.state.ny.us U.S. firms agree to 'adware' curbs By: United Press International Priceline, Travelocity and Cingular Wireless have agreed to change how they advertise on the Internet, the New York state attorney general's office said. The companies agreed Monday to limit their use of pop-up advertisements and other "adware" that computer users have not explicitly asked for, Andrew Cuomo's offices said. Adware, or advertising-supported software, automatically plays, displays or downloads advertising material and can slow or crash personal computers. "Advertisers can no longer insulate themselves from liability by turning a blind eye to how their advertisements are delivered, or by placing ads through intermediaries," Cuomo said. The attorney general's office had charged Direct Revenue LLC with installing hard-to-remove adware programs onto millions of consumer computers worldwide to deliver ads for the companies, monitor Web sites and collect data typed into Web forms "without adequate notice or the consent of consumers." Under the agreement, the companies will only deliver online ads with full disclosure and full consumer consent, Cuomo's office said. Priceline and Cingular will also pay $35,000 to New York as penalties and to cover investigatory costs. Travelocity will pay $30,000.sttammany.com