Spyware: Courts and Legislatures Respond

Simply put, spyware is software that is placed on a person's computer, often without the user's knowledge (by downloading some other free software program like a music download service or free screensaver) and then monitors Web-surfing activity, which results in the triggering of pop-up advertisements on the computer user's computer screen. For example, if a computer user types “Macys.com” into its browser, pop-up advertisements for its competitors such as Bloomingdale's or Saks Fifth Avenue may come up. There are two main companies that distribute software that includes spyware ' Claria Corporation (formerly known as Gator) and WhenU Co.

According to Claria Corporation's Web site (www.claria.com/companyinfo), “Claria Corporation is a leader in online behavioral marketing, serving over 43 million consumers and more than 1000 advertisers to date.” Claria distinguishes itself from other marketing models since through its “Gain Network,” “Claria allows advertisers to target consumers based on their individual needs and interests, not mass demographically targeted web site populations.” Claria achieves this by providing free software applications to consumers such as “Weatherscope,” and “Precision Time.” These software programs will display pop-ads based on the consumer's online activity.