N.Y. Company Fights Spyware Control Act

A New York company that makes Internet pop-up ads has asked a judge to block enforcement of Utah's new Spyware Control Act while the firm challenges the law's constitutionality.

WhenU.com Inc. claims the law that took effect last month is “arbitrary and Draconian” and violates its free-speech rights.

WhenU lawyers told 3rd District Judge Joseph Fratto Jr. on Thursday that regulation of advertising on the Internet is a matter of interstate commerce subject to federal, not state, jurisdiction.

Interrupting an online transaction to direct activities to a competing business “is the activity the Utah Legislature is trying to prohibit,” argued attorney Blake Miller, representing the state.

Source: Associated Press