WhenU Challenges Utah Anti-Spyware Act

SALT LAKE CITY – An online advertising software company is challenging Utah’s new anti-spyware law set to take effect May 3.

WhenU, which offers desktops toolbars and pop-up and pop-under advertising, says the new Spyware Control Act violates free-speech guarantees and could unfairly harm its business. The company, formerly known as Gator, filed a motion for a temporary restraining order and preliminary injunction this week in the 3rd Judicial District Court in Salt Lake County.

As reported last month on XBiz, Utah is the first state to pass a law regulating spyware and other advertising software, which typically tracks computer users' actions online or uses a computer's resources to create pop up ads.

"WhenU has sought damages from Utah on the grounds that the act constitutes an unconstitutional taking of WhenU's property in violation of the Utah Constitution," the company said in a statement.

The Spyware Control Act bars companies from installing software that reports its users' online actions, sends any personal data to other companies, or pops up advertisements without permission.

The legislation, however, contains some loopholes – advertisements served by ordinary HTML or JavaScript are exempted, as are "cookies" often used to help personalize web pages. It also bars "context based" tools from triggering unrelated ads based on visiting websites on a certain topic.

WhenU said its software can only be installed after people agree to accept terms of service that explicitly describe all of its practices.

The Internet Alliance, a trade organization that includes America Online, eBay and Microsoft, has opposed anti-spyware legislation.

In a related matter, Salt Lake City-based 1-800-Contacts filed a suit last month, charging that its competitor Coastal Contacts used WhenU and other adware to deliver ads that infringe on its copyrights and trademarks.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the providers of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Official Website Through PAYSITE

Podcast platform The Playhaus Network has partnered with PAYSITE to launch a new home for its original programming, featuring comedy, uncensored discussions and appearances by adult performers.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

Show More