FTC Asks Court to Shut Spyware Firm

By Ed Oswald | Published October 5, 2005, 2:05 PM

The Federal Trade Commission on Wednesday said that it was asking a U.S. District Court to shut down a spyware operation that was secretly installing malware on computers by luring them to download software that would allegedly make their P2P transfers anonymous. The programs then could not be uninstalled.

The software did not perform the advertised function at all, according to the FTC. It only acted as a vehicle to download and install dozens of spyware applications onto victims' computers.

The program would also hijack search engine requests, putting the defendant's own pages in search results above genuine results on Web sites made to look like Google and Yahoo.

To entice users to download the program in question, Odysseus Marketing, the software's creator, used claims in advertisements such as "Download Music Without Fear" and "Don't let the record companies win," the FTC said.

Under FTC laws, the company must prominently disclose that the "free" software downloads and installs other applications, the filing says. Instead, the agency charged that the company attempts to hide this fact in the terms and conditions that accompany the program.

According to the filing, attempting to uninstall the program using the provided tool only installs more spyware. Also, the FTC alleges the company went to great lengths to ensure that users cannot uninstall the software using the standard Windows application removal utilities.

Odysseus Marketing and its owner Walter Rimes deny any wrongdoing, and point to the fact that users must agree to the terms and conditions before installing the program.

Comments

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I found it ironic that at the end of this string of replies, there was an ad in the footer:

"There is 1 update available for your computer
Your Windows XP may need a tune up.
Click "Start" to recommend improvements."

...which links to:

"http://ads.betanews.com/ads/click_lx.ads/www.betanews.com/RunOfSite/2099321721/Bottom/BetaNews/inkline-bottom-sepoct05/78.html/34363165373339393433343832633030"

In the context of the discussion, someone who trusts BetaNews might think they're receiving an important message that they should respond to... without realizing that this isn't an important system message, but advertising instead.

Shame on any half-way legitimate business that permits this crap on their site.

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LOL - Yeah, that's the kind of action we don't hear much about these days. In my eyes this is just the action others have taken long ago: the so called "system providers". They sell not only the mines, but also the mine sweeping vehicles plus the hospital equipment and props . . . That's called "multinational corporations" and "PME" (profit maximizing economy) . . . Those greedy P2P users just get what they deserve, anyway. Pro 27:22 If you pound a fool in the mortar with a pestle amidst grain, his foolishness will not turn away from him.

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These people are scum and need to be prosecuted enthuastically to show others out there whats to come.

I absolutely cannot stand companies like this. They waste bandwidth, lie, cheat, and steal.

Any programmer who would work for a company like this isn't a real programmer. Get a real job idiots.

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First of all any company that misrepresents itself should be subject to the same sanctions that other non internet companies which is investigation and possible fine and or shut down. Agreed that most spy ware low lifes do state such in their TOS or privacy policies but like the grand daddy of em all Gain or whatever corp name its hiding behind now makes its TOS so difficult to make sense of it or long (one was 15 pages) I believe they should be delt with swiftly and quickly.(Maybe FTC?). Any scum company that inhibits or prohibits a user from uninstalling it's software or a scum ware that it installed in my opinion is guilty of vandelism at the minimum and sabatoge at the very worst and should be charged as such.

I do agree that users do not pay enough attention to these blood suckers however that said, just because someone doesnt use their common sense doesn't give these slugs the right or license to do what they do and should be delt with by shuttin em down and those in charge fined and or jailed just like any off line comapny that commits acts of fraud or uses false or misleading ads to entice users.

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The point is these type of companies need to be driven out of business by every legal means. They corrupt systems, slow down computers, gather information surrepticiously, and are a real nusance to everybody. I see elderly people being mislead and taken advantage of all the time on the internet. And youn people too. These companies and the people who work for them are trash. They need to be disposed of. Prosecute as many as you can and put them out of business with heafty fines that take away ALL profit and then some.

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Unfortunately, people like this can get away with, because you have to agree to their terms. They screwed up in NOT allowing an uninstall, which is a purposeful invasion at that point. If they would let you remove their product, they would probably be in the clear.... But like so many companies and people, they chose to be greedy, which is what ultimately kills products.

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What is stopping people from stealing personal information and launching malicious attacks if nothing is being enforced to stop them. Just like in real life, yea, you can do things to prevent your house from getting robbed but it is still mainly the fault of the person doing the crime.

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People don't read. People don't care to change passwords and follow simple security measures. Secure means things take effort. People are lazy, therefore other people take advantage of their laziness. Young, old, smart, educated, homeless or not, are vulnerable if you don't pay attention.

People at work are the same way. Everyone is required to change their password every 90 days. So what do people do? They write their passwords down and leave it attached someplace under the keyboard, tapped to monitor, or stick it in their desk drawer.. Then they wonder why things like this happen.

If people don't take simple precautions and actually think about what they are doing, then you SHOULD be attacked. If you forget to lock your door to your house, and you get robbed, I bet you won't leave your door open again, will you? People that commit crimes do so for opportunity. If you don't give them the opportunity, they won't be tempted, and the crimes will go way down. Continue to make it easy, and crimes will continue at a fast pace, its as much the victims fault as it is the perpetrators.

Look at BOTH sides before you decide these people were TRULY victims, most of the time they are, but so many times people leave themselves WIDE open.

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Network security has nothing to do with this. The point is this company falsey represented their product. They mislead people into thinking it did something it did not. That can happen to anyone.

The real problem here is the company in question. Companies like this need to be shut down and its owners forced to pay a fine for every download they had. Common sense or no, this is a malicious software and a malicious company that is sucking up my bandwidth and may one day infect my kids' computers.

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You're retarted....people that aren't computer savvy deserve to get attacked?

If I leave my car unlocked and someone steals it, the thief isn't actually doing anything illegal because I'm dumb enough to leave the door unlocked?

I know this is hard to believe for you...but these people are breaking the law regardless...I can take 1000 security precautions or none at all...the crime is still the same, and they are still breaking the law.

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Lots of spyware is installed without the user clicking on anything. It is great to see scam companies punished, who wouldn't want that?

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Idiots that download this crap should be kicked off the internet anyway.

People that claim to be "computer illiterate" should either take a freaking course or get off the Internet forever.

I'm tired of these dumb@$$ excuses.

I like how all these laws have to be put into effect and people waste court time and money because someone is so freaking dumb that they couldn't help but click on something they shouldn't have.

Get a clue.

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Yes. I agree. We can't be everywhere watching everyone ALL the time. True statement though, people are totally clueless. That's a huge problem.

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hmm, I've installed crap like this before, and I was pretty computer savy... It was a learning lesson for sure, since i've decided to re-install the OS.
Anyway, trial and error is a part of learning - how can you be computer literate without access to a computer

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Because some people are not using their heads still doesnt give a green light to the scunware outfits to do what they do. The FTC should be cracking down and yes people need to wise up and watch their butts.

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