A New York company whose software creates pop-up ads is going to court to fight a Utah law that bans such ads.
WhenU.com claims the new law violates its constitutionally protected right to advertise. It also says the law does little to protect the privacy of computer users.
WhenU provides users with free software like games and screen savers. But when the free software is loaded on a computer, it also adds a separate program that tracks Web traffic and matches a user's surfing habits with certain advertisers.
Utah's Spyware Control Act 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 calls for penalties for pop-up ads.
A spokesman for the Utah Attorney General's Office declined to comment on the suit, saying the office hasn't seen it yet.
Some spyware causes multiple pop-up ads while online, and some installs without consent when users visit certain Web sites.
The U.S. Congress has looked at banning software that tracks user behavior without consent. But software manufacturers say there are legitimate uses for the applications. An industry group said laws should punish those who use the collected information improperly.
Distributed by Internet Broadcasting Systems, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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