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: Reasonable BasisCivil Penalties for Spyware?
In testimony before the Senate Committee on Commerce, Science, and Transportation, the Deputy Director of the Federal Trade Commission's Bureau of Consumer Protection, Eileen Harrington, explained that "legislation authorizing the Commission to seek civil penalties in spyware cases could add a potent remedy to those otherwise available to the Commission." According to Deputy Harrington in cases where seeking consumer redress or making the operators disgorge profit were insufficient, "a civil penalty may be the most appropriate remedy and serve as a strong deterrent."
Full post as published by Reasonable Basis on July 15, 2008 (boomark / email).
First on Antitrust Civil Penalties
Harry First (New York University - School of Law) has posted The Case for Antitrust Civil Penalties (Antitrust Law Journal, Forthcoming) on SSRN. Here is the abstract: Federal antitrust law currently lacks one potentially useful remedy - civil penalties...
Detecting government spyware
Here’s an interesting article, written by Declan McCullagh and Anne Broache, entitled “Will security firms detect policy spyware?” There are currently no rules that specifically require companies to comply with requests for government spyware to be installed on users’ machines...
Newsflash: Overstock.com paid stalker Judd Bagley admits to use of spyware
Judd Bagley, paid Overstock.com (NASDAQ:OSTK) cyberstalker (and now “Deep Capture reporter”) has openly admitted to using spyware against third parties. It has long been believed that he maliciously and inappropriately placed spyware on people’s computers, but this appears to be the first time he’s actually admitting to it...
Assessment of penalties against parties liable under the Virginia Fraud Against Taxpayers Act and Federal False Claims Act
It is well known that the Virginia Fraud Against Taxpayers Act--like its counterpart the Federal False Claims Act--provides for treble damages against anyone submitting false claims to a government entity for payment...
Companies Agree To Penalties For Alleged Backdating
Brocade Communications Systems ($7 million) and Mercury Interactive (a whopping $28 million) reached settlements late last week with the SEC over allegations of backdating at the two companies...
Impact and Policy Implications of Spyware on Consumers and Businesses
Hearing from the U.S. Senate Committee on Commerce, Science and Transportation: "The hearing will examine the impact of spyware on computer performance and privacy and security risks associated with this software...
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Gay Marriage Laws
Where same sex couples can marry
Medicaid Fraud
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Sears, Roebuck & Co.
alleging the company’s web site used spyware to track customers Internet use.
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alleging violations of basic human and civil rights.
Computer Spyware Act
Spammer to pay $100,000 settlement in email fraud lawsuit.
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RC2 Corp to Pay $1.25 Million Civil Penalty >
Faulty Homes
Fleetwood Enterprises Inc. pays HUD $75,000 civil penalty for defective construction.









