Utah, WhenU And Pop-Up Poaching

The spyware war continues.

Ben Edelman, an expert on spyware, reports that "WhenU, a major provider of programs that show pop-up ads according to users' web browsing activities, yesterday filed suit seeking that Utah's Spyware Control Act be declared void and invalid." WhenU effectively poaches browser real-estate by plopping its ads above those of others without the permission of the website.

Ben says: "I've followed the act and believe it would provide substantial assistance to consumers facing an increasing barrage of pop-up ads."

It's an interesting issue: If Utah's new act kicks in, will it just be folk like WhenU who will be affected? On Monday, April 19, the FTC will hold a workshop on spyware, Ben says. Here's the agenda (PDF) and written comments, along with Ben's own (PDF).