RE: Spam King Sanford Wallace Finally Hit With $4M Penalty

[Blanchard_Michael () emc com]

 but your honor, the users agreed to the EULA of the program that they downloaded and contained [smartbot.net]'s 
software, which specifically states, in Paragraphs 40 - 43, on page 234 of tab 5, in 2 point type font,  that: (I 
paraphrase) "...by clicking agree the installer agrees to allow anything [smartbot.net] wants to download and install 
on this computer, that the operator of this computer fully agrees to the install of said software...."
  
 so you see, your honor, this plainly shows that I did indeed have the users consent to download and install my 
programs on their machines.


Michael P. Blanchard 
Antivirus / Security Engineer, CISSP, GCIH, CCSA-NGX, MCSE
Office of Information Security & Risk Management 
EMC ² Corporation 
4400 Computer Dr. 
Westboro, MA 01580 

-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On Behalf Of Fergie
Sent: Thursday, May 04, 2006 1:34 PM
To: funsec () linuxbox org
Subject: [funsec] Spam King Sanford Wallace Finally Hit With $4M Penalty

Via internetnews.com.

[snip]

Justice was finally downloaded Thursday on Sanford Wallace, a notorious spammer of the 1990s who moved on to illegal 
spyware operations that installed adware, spyware and other unsolicited software programs on users' computers.

A New Hampshire federal district court ordered Wallace and his company, Smartbot.Net, to pay more than $4 million in 
restitution, and it permanently barred Wallace from downloading any software to consumers 'computer without the users' 
consent.

Wallace was at the center of the Federal Trade Commission's (FTC) first spyware case in October 2004.

[snip]

More here:
http://www.internetnews.com/bus-news/article.php/3603791

- ferg


--
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawg () netzero net or fergdawg () sbcglobal net
 ferg's tech blog: http://fergdawg.blogspot.com/


_______________________________________________
Fun and Misc security discussion for OT posts.
https://linuxbox.org/cgi-bin/mailman/listinfo/funsec
Note: funsec is a public and open mailing list.

_______________________________________________
Fun and Misc security discussion for OT posts.
https://linuxbox.org/cgi-bin/mailman/listinfo/funsec
Note: funsec is a public and open mailing list.