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WhenU’s Popup Victory

WhenU, now known as Claria, has won what it calls an “important decision for the entire Internet industry” in its motion to enjoin the Utah Spyware Control Act, passed in March. WhenU had argued the Act “affects legitimate Internet advertising companies and therefore violates the First Amendment and dormant Commerce Clause of the United States Constitution, among other laws”. (Here’s a CNET story on the verdict.) If I understand the ruling correctly (and this is based largely on Ben Edelman’s assistance), the judge has ruled that, in this particular law, Utah was unconstitutional in trying to limit popups, while it was within the constitution inContinue readingWhenU’s Popup Victory

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