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COMMUNET Home

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COMMUNET  October 2005, Week 1

COMMUNET October 2005, Week 1

Subject:

Feds trying to stop spyware company

From:

John Walker <[log in to unmask]>

Reply-To:

Community and Civic Network discussion list <[log in to unmask]>

Date:

Thu, 6 Oct 2005 14:47:37 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (280 lines)

Excerpt the CSS Internet News.

See end of message for details.

---------------------------------------------------

Starting 1 November 2005...

The Online Learning Series of Courses presents...

How to Search the Internet, Level 1.

For details send an email to

[log in to unmask] with sendinfo search1 in the subject line.

---------------------------------------------------

Feds trying to stop spyware company

By ADAM D. KRAUSS
Democrat Staff Writer
http://www.citizen.com/apps/pbcs.dll/article?AID=/20051006/NEWS07/110060165/-1/CITIZEN

STRATHAM — The Federal Trade Commission has filed suit in U.S. District 
Court against the owner of Odysseus Marketing, Inc., a local company it 
alleges falsely offered anonymous file sharing which in turn corrupted 
people's computers.

The suit details how Walter Rines, who owns the 6 Laurel Lane company, 
allegedly offered computer users a file sharing program that falsely 
granted anonymity, was grouped with a secret adware program that 
intercepted search engine results and gave the user no way of uninstalling 
the program, according to a Federal Trade Commission suit filed in U.S. 
District Court in New Hampshire.

Rines is charged with falsely claiming file sharing anonymity; failing to 
adequately disclose the presence and nature of bundled software; and 
unfairly disseminating software that consumers cannot remove from their 
computers.

A hearing was scheduled for today at 11 a.m. in Concord before U.S. 
District Court Judge Steven J. McAuliffe. The FTC is seeking emergency 
relief to make Rines stop the practice. The case was filed Sept. 21.

Last fall the FTC filed its first federal anti-spyware case against Sanford 
Wallace, who owned the now defunct Rochester-based Plum Crazy dance club. 
Wallace, known as the "Spam King," will stand trial next month for 
allegedly using spyware programs — software that is installed through 
e-mails or Web pages, or grouped with other programs — to infect computers 
and then sell users $30 anti-spyware cures that didn't work.

Rines — who said he owned Plum Crazy before selling it to Wallace in 2001 
before it went bankrupt — dismissed the suit as "wrong from top to bottom." 
He said the FTC's case to get him to stop distributing the "computer 
file-sharing anonymizer" called Kazanon is moot because he stopped 
distributing the program several months ago when he saw the federal 
government was looking to crack down on such programs and he didn't see 
much of a future in it for himself.

The FTC's case alleges that since Sept. 2003 Rines' company developed, 
advertised, promoted and distributed Kazanon and other products that 
promised free, anonymous music and software downloading and swapping, which 
is illegal unless permission is obtained or a royaltry is paid. The 
programs were also supposed to increase the speed of a computer in 
downloading information and browsing the Internet, according to the suit.

Rines, 37, acknowledges that the program did not grant people anonymity as 
it claimed. "I'm aware that it didn't work correctly," he said. Rines said 
when he realized Kazanon didn't work as advertised he stopped distributing 
it. "It was only up for a few months," he said. "It's been down for several 
months." He said he didn't write the software and it was not his intent to 
mislead people.

The FTC alleges the company included a program within Kazanon called 
Clientman, an adware program that intercepts search engine results that 
come from popular sites like Google and Yahoo and, with no notice to users, 
replaces them with "fake" results that have the "look and feel" of the real 
thing on behalf of third parties, typically Rines' clients. Again, these 
hyperlinks and ads represented third parties.

Clientman also downloaded a number of advertising software programs like 
VX2, Blazefield, Ncase and DealHelper that used information from the 
computers to send targeted advertisements back to the computers, according 
to the FTC. Based on the information the programs collected and sent back 
to Clientman, computers were sent pop-up ads and other advertisements on 
behalf of third parties that paid Rines, according to the suit.

Rines said Clientman did not prohibit users from still accessing the 
regular search engine. "My software would add a couple of paid results," he 
said. Rines said he could not recall how many clients, or search partners, 
he had. He said his search partners — the groups behind the alleged phony 
search engine results that came up as a result of Clientman — may have had 
three or four partners themselves.

The suit does not address Rines' clients' role. Asked if Rines' clients 
were making money from the alleged scheme, FTC spokeswoman Claudia Bourne 
Farrell would only confirm that the complaint makes no allegations against 
them.

The FTC also alleges Clientman collected and used information from the 
computers to send target advertisements to the users. Furthermore, the 
described consequences of downloading Kazanon are only detailed in the 
middle of a two-page end user license agreement and, the FTC says, someone 
can bypass accepting the terms and conditions of the product.

Rines said it's "absolutely not true" that a user could get around the 
"check box" before downloading the program. "It was a very simple one page 
user agreement that said flat out ... (it) also installs adware," he said. 
"I don't know how much more conspicuous you could be than require them to 
check the box. The user license agreement wasn't buried anywhere."

The FTC's brief includes parts of the agreement that state "the user 
understands and agrees that the application may or may not render them 
anonymous, untraceable, or invisible," that the user provides the company 
with "express permission" to collect personal information, use such 
information as it sees fit — which could include sharing, renting or 
selling the data — and alters certain comuter applications.

Rines said only zip codes and e-mail addresses were collected. "I never did 
anything with it," he said, adding things like credit card numbers were 
never collected.

Furthermore, the FTC alleges Clientman is installed in such a way that 
prevents consumers from detecting its existence. The FTC claims that 
"unless consumers know the specific names and location of the files that 
comprise Clientman, consumers cannot find the program on their computers."

The FTC also alleges Clientman does not include its own uninstall tool. 
Though the company identified an uninstall tool in Nov. 2004, the FTC 
claims the program is not fully deleted from the system and the files that 
were modified through the program are not restored to their original function.

Rines disputed that aspect of the claim as well. He said an uninstall link 
was on the bottom of the user license agreement. After he became aware 
people were unable to uninstall the program Rines said at his own expense 
he set up a technical support line.

"Sometimes it would work right," he said. "Sometimes there were conflicts. 
.. If the uninstall really didn't work I would have had hundreds of 
thousands of phone calls."

Rines, who also trades stocks and commodities and used to own the 
Portsmouth e-mail company Target Mail, which went out of business in 2001, 
said he suspects over the span of a couple years hundreds of thousands of 
people likely downloaded Kazanon and its associated programs.

Lastly, the suit says Rines generated "substantial revenues" through the 
practices described. 'Defendents receive or have received fees from 
advertisers to disseminate their Internet ads and from software vendors 
based on the number of software downloads and instalsl they have caused."

Asked how profitable Kazanon and associated programs were, Rines said. "I 
made a half decent living for a while."

The FTC announced the case the same day the Commission Chairman Deborah 
Platt Majoras addressed the U.S. Senate Committee on Commerce, Science and 
Transportations Subcommittee on Trade, Tourism and Economic Development.

Majoras told senators that spyware and "malware" cases can cause problems 
like slow personal computer performance and loss of personal information 
stored on hard drives, according to a FTC statement, which also highlight 
the case FTC v. Seismic Entertainment, which was Wallace's company.

Rines said the FTC is trying to paint him with the same brush as Wallace, 
who he is in touch with. Rines said there are big differences between what 
he is accused of and Wallace's alleged spyware use. FTC spokeswman Farrell 
said Rines' case is very different than Wallace's.

Attempts to reach Portsmouth attorney Peter Dole, who is representing 
Rines, were unsuccessful.

---------------------------------------------

Also in this issue:

- Bid to save search valet Jeeves
   Search firm Ask is coming under pressure to keep its Jeeves character as 
its public face.
- Site protects rights of snappers
   An online marketplace has launched that lets people set prices and 
conditions for photos   they want to sell. Spy Media is aimed at creating a 
level playing field for mainstream and   citizen media producers alike. The 
trend to support "citizen journalism", where anyone can   report events as 
they see them, is growing.
- Leaving 7 July behind
   A survivor of the 7 July bombings in London set up a website to help 
traumatised victims.   On the three-month anniversary and as the first 
compensation payments are made, how has it   helped?
- Microsoft announces imminent security release
   Microsoft announced on Thursday it will release a beta for an 
"integrated security   solution" before the end of the year.
- A challenge to Microsoft? Not this deal
   Google Inc., the world's leading Internet search service, yesterday 
struck up an alliance   with computer hardware and software maker Sun 
Microsystems Inc. that could strengthen both   companies' bids to play 
leading roles in the future of online services. But the deal fell   short 
of the blunt challenge to the power of Microsoft Corp. that had been 
expected by   many industry watchers.
- Feds trying to stop spyware company
   The Federal Trade Commission has filed suit in U.S. District Court 
against the owner of   Odysseus Marketing, Inc., a local company it alleges 
falsely offered anonymous file   sharing which in turn corrupted people's 
computers.
- A Better Way To Search?
   I tried Yahoo!'s latest attempt to take on Google in search over the 
weekend, and I was   underwhelmed.
- T-mobile does the web'n'walk
   T-Mobile is to offer open Internet access on its mobile phones with a 
service labouring   under the moniker 'web'n'walk'.
- Comtek Succeeds at BPS
   The 37,000-person Washington, D.C. suburb of Manassas, Virginia, is now 
home to a major   national success story in broadband access: the first 
city-wide commercial deployment of   broadband-over-powerline (BPL) 
technology anywhere in the United States, according to   Communication 
Technologies, Inc. (COMTek), the Chantilly, Va.-based “Inc. 500” 
company   that owns and operates the BPL network in Manassas. BPL 
technology uses the electricity   grid in a city and the wiring in 
individual homes to provide direct “plug in” broadband   access through 
electricity sockets, rather than over phone or cable TV lines.
- Sony-led group to set read-only DVD format by year-end
   The Blu-ray Disc Association said Wednesday that by the end of the year 
it will establish   a read-only, or ROM, disc format for Blu-ray, one of 
two competing next-generation DVD   standards.
- AOL Buys Weblogs to Boost Blog Presence
   America Online Inc. will boost its presence in the blog community with 
its acquisition of   Weblogs Inc., a leading blogging company.
- Court Rules in Favor of Anonymous Blogger
   In a decision hailed by free-speech advocates, the Delaware Supreme 
Court on Wednesday   reversed a lower court decision requiring an Internet 
service provider to disclose the   identity of an anonymous blogger who 
targeted a local elected official.
- SMS Attack Could Harm Cell Phones
   Hackers armed with a moderately sized network of zombie computers 
theoretically could   knock out cellular service throughout the U.S., 
according to security researchers at   Pennsylvania State University. In a 
report published Wednesday, the researchers explained   how such an attack 
could exploit weaknesses in Short Message Service (SMS), which is used   to 
send and receive text messages between mobile phones.
- Microsoft: No Office Software for Linux
   Microsoft will not release a version of its Office suite software for 
open-source rival
   Linux, though the company is actively studying how Linux works and how 
it can integrate   with the platform, a Microsoft representative says.
- Japan aims to boost state use of free Linux software
   Japan aims to switch some government computers to the free Linux 
operating system and   reduce its dependence on Microsoft Windows.
- Need a Job? Al-Qaida's Hiring
   Al-Qaida has put job advertisements on the internet asking for 
supporters to help put   together its web statements and video montages, an 
Arabic newspaper reported.
- Using Old Flu Against New Flu
   Scientists have made from scratch the Spanish flu virus that killed as 
many as 50 million   people in 1918, the first time an infectious agent 
behind a historic pandemic has ever   been reconstructed.
- Chronic disease is biggest global killer
   By the end of 2005, twice as many people will have died from chronic 
diseases as from all   infectious diseases, starvation and pregnancy and 
birth complications combined,   international experts have warned.
- Devices help the blind cross tech divide
   Jerry Swerdlick runs a 15-employee company that resells computers and 
devices that aid   people with visual, hearing, learning and other physical 
disabilities.


Member: Association for International Business
-------------------------------

Excerpt from CSS Internet News (tm)  ,-~~-.____
For subscription details email      / |  '     \
[log in to unmask] with              (   )        0
SUBINFO CSSINEWS in the             \_/-, ,----'
subject line.                          ====           //
                                        /  \-'~;    /~~~(O)
"On the Internet no one               /  __/~|   /       |
knows you're a dog"                 =(  _____| (_________|


-------------------------------

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