For Immediate Release
May 5, 2008
In a friend-of-the-court brief filed today, CDT argues that anti-spyware vendors should be protected by the liability protections afforded other filtering companies under the Communications Decency Act. CDT was joined by a broad spectrum of Internet and technology industry groups, public interest organizations, civil liberties groups and individual companies that are all committed to the proposition that users should be empowered to control their own Internet experiences.
The signatories - Anti-Spyware Coalition (ASC), Business Software Alliance, CAUCE North America, Inc., Center for Democracy & Technology, Electronic Frontier Foundation, McAfee, Inc.,
PC Tools Holdings Pty Ltd, and Sunbelt Software, Inc. - filed the brief in the federal 9th Circuit Court of Appeals in the case of Zango v. Kaspersky. In 2005, Zango sued Kaspersky Labs and PC Tools, two anti-spyware vendors, hoping to coerce the companies into removing their product from the list of spyware that each program blocks or warns users about. Zango withdrew its suit against PC Tools, but appealed an adverse lower court ruling in the Kaspersky case.
The brief urges the court to protect anti-spyware vendors from liability in cases brought by companies who make spyware of all kinds. The danger is that adware distributors will be able to use legal tactics to intimidate anti-spyware vendors into ignoring their software.