windshield wiper bladesAccording to the CDT's complaint, the advertising and distribution process for Mail Wiper's Spy Wiper software relied in large part on frightening consumers with unsupported claims, and may have involved changing people's home page without permission.
CDT investigators said they downloaded source code from Spy Wiper ads distributed by Seismic, which operates a Web site called "Default-homepage-network.com." According to the complaint, code contained in those ads warned of spyware attacks signaled by unusual activity such as the opening and shutting of computer CD-ROM drives. But CDT said the ads themselves triggered the suspicious activity.
CDT also alleges that Seismic distributed ads for products and services that launch a series of pop-up windows that ultimately lead back to promotions for Spy Wiper. After viewing those ads, CDT testers said home-page settings on their browsers had changed to default-homepage-network.com.
The CDT complaint raises new questions about how much responsibility software companies must take for the promotion of their products through third-party affiliates, a common practice on the Web. Confronted with evidence of controversial marketing practices by partner Seismic, Mail Wiper claimed ignorance, telling the CDT that it was not aware of and did not condone any irresponsible behavior that its affiliates might be engaged in, according to the filing.
Nevertheless, the CDT decided to file a complaint against both companies, in part reacting to numerous protests from consumers.
"The question is how much Mail Wiper knew and when they knew it," said Ari Schwartz, associate director of the CDT. "It seems to us that they should have known who the affiliate was that people were complaining about and help people get their computers fixed."
Executives for Mail Wiper could not immediately be reached for comment.
A representative for Seismic declined to comment on the specifics of the complaint. "We feel that everything we are doing is within the boundaries of the law," he said. "We feel the complaint is not accurate."
On the front page of its default-homepage-network.com Web site, Seismic contends that a third company has been taking control of computers and pointing them at that site without its permission. It also says that its business involves reconfiguring the home page in people's browser software. soft wiper blade