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N.Y. Company Fights Spyware Control Act

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