SALT LAKE CITY (AP) – A New York company whose software creates pop-up ads during routine Web browsing is seeking to block a Utah law that bans such practices.

In a lawsuit filed late Monday in 3rd District Court, WhenU.com Inc. argues that the new law violates its constitutionally protected right to advertise, while doing little to protect computer users’ privacy. The company wants the court to block the law from taking effect early next month.

WhenU provides users with free software like games and screen savers. The software comes with a separate program, SaveNow, that tracks Web traffic and matches a user’s surfing habits with particular advertisers.

The Spyware Control Act, passed earlier this year, makes it illegal to create or install computer software that monitors Internet activity and sends the information elsewhere, usually without the user being aware of it or consenting to it.

The law also curbs pop-up advertising on the Internet and calls for penalties of $10,000 per violation.

WhenU insists its software is installed only with permission and doesn’t invade privacy.

Paul Murphy, spokesman for the Utah Attorney General’s Office, declined to comment Tuesday, saying his office had not yet seen the lawsuit.

You have to been kidding right?? //Shorty

Submitted by: KingFish

Source: APnews