US trade body moves to stop pop-up spam

By Simon Aughton

Posted on 7 Nov 2003 at 11:58

The US Federal Trade Commission is seeking a court injunction against a company that is using a little-known feature in Internet Explorer for Windows to send unsolicited pop-up advertising to Web users.

Unlike normal pop-ups, which although they can be annoying are at least generated by the website you are visiting, the new 'spam' pop-ups can appear at any time.

They are delivered via IE's Windows Messenger Service, which Microsoft developed primarily to allow systems administrators to send messages to users.

The FTC is seeking an injunction against California-based D Squared Solutions, saying that the company often sent ads as frequently as one every ten minutes.

Web users have complained not only of annoyance and harassment, but also of data loss caused by the ads crashing their computers.

'The defendants placed their pop-up ads near the centre of users' computer screens, blocking the user's work. The ads appeared as long as the users were connected to the Internet, leading to particular trouble for users with DSL lines or cable modems who were continually on the Web,' said the FTC. 'These users continued to be bombarded by the pop-ups, even when they were off of the Internet and working in other applications such as word-processing or spreadsheet programs.'

To make matters worse, the company then tried to sell $30 software that would block the very ads they are pushing.

'This is nothing more than a high-tech version of a classic scam,' said Howard Beales, director of the FTC's Bureau of Consumer Protection. 'The defendants created the problem that they proposed to solve - for a fee. Their pop-up spam wasted computer users' time and caused them needless frustration.'

Fortunately, Windows Messenger Service can be turned off, though the seven-click process won't be one all users will find easily. Helpfully, instructions are provided at www.ftc.gov. The pop-ups can also be blocked by a firewall. Windows Messenger Service is expected to be set to 'off' by default in Windows XP Service Pack 2, which is due for release next year.

The FTC's complaint alleges that D Squared defendants, 'have engaged in an unfair practice by interfering with consumers' use of their computers.' The complaint argues that, 'the practice is unfair because it is likely to cause substantial consumer injury, including the loss of data, reduced work productivity, and the temporary freezing of the consumer's computer screen.'

It also charges the defendants with, 'unfairly attempting to coerce consumers into buying their pop-up blocking software.'