A Report on the Federal Trade Commission's Spyware Workshop
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While not a focus of the FTC workshop, looming in the background of this debate are the numerous lawsuits currently pending against The Claria Corporation (formerly The Gator Corporation) and WhenU.com, Inc. which have been filed by web sites that object to pop-up ads appearing over their web sites without their approval. The claims include trademark infringement, copyright infringement, tortuous interference and unfair competition. The results so far have been inconsistent, with some courts ruling in favor of the pop-up providers and others finding merit to the claims of the underlying web sites. (Please contact Ronald Urbach or Gary Kibel for a copy of our detailed discussion of the pending litigation).
More:
http://library.lp.findlaw.com/articles/file/01009/009623/title/Subject/topic/Science,%20Computers,%20and%20Technology_Internet%20and%20World%20Wide%20Web/filename/science,computers,andtechnology_1_991<snip>
Several Web publishers said they have been approached by L90 or Gator to run such download ads, but they refused out of fear of a consumer backlash. "We thought it was dirty," said one Internet executive who asked to remain anonymous. "It's the kind of thing that makes the phone ring." (cnet.com)
GAIN can install software without your knowledge. With so many security issues on the Internet, it is important to know when and why software is being installed on your system. Our survey shows that most users do not know how GAIN got onto their system, and Gator can install even more software without further notice.
GAIN collects extensive information. Perhaps Gator doesn't know who you are, but it certainly collects a lot of information when you consider all the things that the company lists in its Terms and Conditions. Take our Gator license quiz and see how well you know it.
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Users don't know what Gator is doing with the information it collects. Although Gator's privacy statement says that it doesn't collect personally identifiable information, Gator doesn't say much about how it uses the data it does collect. When asked about an investigation of Gator's data collection practices, Gator's own spokesperson said, "Eighty percent of the magic is what he'll never see. He's only touching a part of the elephant."
More:
http://www.pcpitstop.com/gator/default.asp