Davey Winder
Wednesday, 01 October 2008 15:38
IT Policy -
Regulation
Page 1 of 2
Security software that markets itself by running into a room, shouting fire and then offering to sell you a dodgy fire extinguisher is known as scareware. Microsoft is taking advantage of an anti-spyware law in Washington to give them a taste of their own medicine.
Back in 2005, Washington adopted the Computer Spyware Act which
explicitly prohibits spyware activity. Unlike other US States, the
Washington anti-spyware legislation uses a broad definition of spyware
which includes those who "mislead users into believing software is
necessary for security."
Recently this law was updated in order to
provide for additional liability covering third-parties which allow the transmission of spyware as well as addressing deceptive marketing
such as the misrepresentation of a need for computer repair.
Microsoft, along with the Washington Attorney General, has seized upon
this opportunity to target the purveyors of so-called scareware.
In fact, Microsoft is determined to give the scareware-mongers the willies for a change.
Washington Attorney General McKenna says that together they have
"yanked the fear factor dial out of the hands of businesses that use
scareware as a marketing tool and have spun it toward them."
McKenna goes on to insist that "we won’t tolerate the use of alarmist
warnings or deceptive 'free scans' to trick consumers into buying
software to fix a problem that doesn’t even exist."
A lawsuit was filed in King County Superior Court against the marketers
of a program called Registry Cleaner XP, bringing five causes of action
against James Reed McCreary IV and two businesses he is either a
director or CEO of.
According to the complaint, which you can see in full as a PDF
here,
the defendants sent 'incessant pop-up' messages to consumer PCs.
These pop-ups were made to resemble system warnings, and so went for the fear factor jugular.
What does Microsoft have to say about the case, and will it make any real-world difference? More on page 2...
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