• United States



by Dave Gradijan Sued by Washington State for Spyware

Aug 15, 20062 mins
CSO and CISOData and Information Security

The U.S. state of Washington has sued the owners of, alleging that the company used spyware to strong-arm users into signing up for its paid movie download service.

Consumers who dowloaded’s free three-day trial software would eventually be hit with frequent pop-up ads informing them that they were legally obliged to purchase the product, said Paula Selis, an assistant attorney general with the state. The tactics forced some consumers to give in and pay between US$19.95 and $100 for the service, she said.

Washington state, and other organizations like the U.S. Federal Trade Commission and the Better Business Bureau, have received thousands of consumer complaints about, dating back to the end of 2005, Selis added. “We sued them because we were getting complaints from consumers who felt that they were being harassed and held over a barrel for payments that they didn’t agree to make,” she said.

The suit was filed Monday in King County Superior Court in Seattle. It charges’s parent company, Digital Enterprises, of West Hills, Calif., with violating the state’s antispyware and consumer protection laws. Two company officials are also named in the suit: Easton Herd and Andrew Garroni, both of Los Angeles.

Garroni and Herd’s companies operated a number of video download services, including and, the Washington attorney general’s office said.

Though the company’s free trial software does advise users that they will be obliged to purchase a monthly license if they do not cancel, this notice does not sufficiently explain what will happen if the software is installed, Selis said.’s website offers downloads saying, “No Spyware,” “Virus Free” and “No Extra Charge.”

The company did not return a call seeking comment for this story. is the second company to be sued under Washington’s 2005 Computer Spyware Act. In January, the attorney general’s office sued Secure Computer of White Plains, N.Y., alleging that its Spyware Cleaner software failed to work as advertised. That litigation is ongoing, Selis said.

-Robert McMillan, IDG News Service (San Francisco Bureau)

Keep checking in at our Security Feed for updated news coverage.